THE BRITISH PRESS ON THE NEW ZEALAND CONSTITUTION BILL. [From the "Britannia," May 8.]

New Zealander, Volume 8, Issue 668, 8 September 1852, Page 3

THE BRITISH PRESS ON THE NEW ZEALAND CONSTITUTION BILL. [From the " Britannia," May B.]

Whigs and Tories, Conservatives and Radicals, politicians, of all phases of opinions and without opinions of any phase, were unanimous in their applause of the proposition of the Colonial Secrettary for granting a constitution to New Zealand. The history of this valuable and interesting island is wholly unprecedented in the annals ofour numerous colonies. The rapidity with which the blessings of Christianity and civilization have been communicated to the benighted aborigines, and their intellectual &upeiiority^over the natives of any other possessions, either anciently or recently annexed to the British crown, seemed to give the New Zealanders an especial claim to the advantages of a representative government. It is only since the year 1808 that the indefatigable missionaries of the Gospel, those genuine sucessors of the Apostles, whose peculiar vocation it is to preach to the most stubborn and unwilling ears " the good tidings of great joy," first effected a perilous and uncertain settlement upon those distant and hostile shores. Gradually the apostolic mission produced the anticipated result, and, under the blessing of Heaven, Christianity and its handmaid civilization created a complete revolution in the habits, sentiments and prepossessions of the natives, Nevertheless, although bills had been passed in the British Parliament for " the regulation of Pier Majesty's subjects in New Zealand and other islands in the Pacific," it was not until the year 1840 that the first steps were taken for annexing the island of New Zealand to the British crown. In 1846 after that an abortive resistance on the part of the natives to the authority of the Government had been effectually subdued, Lord Grey, the late Colonial Secretary, resolved on granting the Colonists a representative constitution. The original act passed lor this purpose in 1846 was by no means satisfactory to the governor of the colony, inasmuch as its provisions did not confer upon the natives those civil rights and privileges to which their progress in the arts of civilization and their rapid advancement in intelligence fully entitled them. He thus describes their state both intellectual and moral at that period :— « They are people," he says, « quite equal in natural sense and ability to the mass of the European population; more sensitive llun any other nation in the world upon the subject of money matters, and less likely to sit down qmtely under what they regard as injustice." The governor therefore recommended thai the proposed act should be dol.iyed for a few years when he anticipated that the rapid progress the natives were daily making would qualify them for the judicious exercise of all the municipal rights which the intended constitution would confer upon tlie colonists. In compliance with this urgent request Lord Grey postponed the promulgation of the " constitution of the New Zealand act of 18 46 " from 1848 to March, 1853. The time is now fast approaching when this partial and imperfect measure, from a participation in which the intelligent and loyal natives are excluded, would, without the interposition of Parliament, come into ' operation. The advancement of the colon v in wo ilth, intelligence, population, and imi,o> l;{nce hai exceeded the sanguine expectations of Sir Geov A 3 Gray himself. During the last three veara (he'v.iiue Jf the exports from New Zealand has been nearly trebled, and in one single year the revenue lias increased ten thousand pounds. A despatch from

the governor, dated October, 1851, contains the following interesting account of the colony. " The , whole of these i&lands erenow in a of complete / tranquility. Every settlement is in a prosperous condition. The native race are loyal, and are daily increasing in wealth, and the local government now possettses very considerable influence over them." Under such favourable circumstances who can doubt the expediency ofgranting the same personal and political privileges to the natives fox which the colonists themselves so urgently and justly petition. The description which Sir George Grey has given us of the great tribe of the Maories, convinces us that they are as likely as any civilized European nation to use without abusing the great boon of constitutional liberty. They have, with very few exceptions, all embraced the ' Christian religion, they are skilful agriculturists, and, in many instances, through their industry and perseverance, they have aquircd property which gives them a stake in tffe welfare of t lie country. In framing a constitution for this colony, Sir John Pakington has had to take into consideration the geographical peculiarities of the island as well as the idiosyncrasies of the inhabitants. The mountain ridges which occupy the centre, and spread <>n either side to the sea, render commuieation between the people of the different provinces very uncertain, and possible only upon foot. An impartial constitution requires, therefore, that, in addition to the central legislature, the right of seperate government should be given to detached localities, In this respect, the Colonial Secretary has followed the plau laid down by his predecessor in office. He has, however, added the settlement of New Plymouth, to Auckland, Wellington, Nelson, Canterbury, and Otago, the five provinces into which Lord Grey had Tivided New Zealand. He proposes that each of these provinces should he governed by a superintendent, appointed by the Governor -in-Chief of the colony. A Legislath c Chamber, toholly elective, is to be established in each of these districts. The franchise, which was recommended by Sir George Grey, and which Sir John Pakington has adopted, is as liberal and comprehensive as even a Whig constitutionalist could require. A ! freehold worth £50, a house worth £10 a-year in the town, or £,5 a-year in the country, will qualify I the possessor, whether nathe or European, for the exercise of the elective franchise. I With the exception of fourteen restrictions, | which are the same as those recommended by Lord Grey, the present measure entrusts the Governor with the power of giving a final assent to the bills bi ought in by the provincial legislatures. These fourteen restrictions have referi encd to the disposition of Crown lands, 'the currency, the weights and measures, the criminal law, the law of inheritance, and other matters immediately connected with the Queen's p'"ez'ogative. The central legislature U to consist of the Governor, a legislative council, and of freely chosen assemblies. The Legislative Council or Upper Chamber will be composed of members appointed by the Crown, who will hold their ofliee during pleasure. For the central elective Assemblies, the franchise is to be the same as for the provincial Chambers. The decisions of the central government are to ovei-ride the decrees of the provincial legislatures The present Civil List of £]2,000 ayear will be retained, but an additional £7,000 ayear will be reserved for the benefit of the native tribes, and be principally employed in the construction of hospitals and the establishment of schools. This comprehensive scheme, evidently the result of mature consideration, and embodying principles and provisions which anticipate, in their wise foresight, the future coui'se of events, differs in many important, particulars from the '• Constitution" of Lord (\rey. Though emanating from a strictly Conservative Government, it is conceived in a much more liberal spirit; and the extreme solicitude it, evinces for tha incorporation of the natives, upon equal rights and upnn an equal footing with the colonists, is creditable to the wisdom, justice, and humanity of its judicious pvopounder. The provision which gives the Governor-in-Chief the power of ratifying the acts of the provincial assemblies, without transmitting them to England for the approval of the Home Government, will save much valuable time; and the reserve of £7,000 per annum for native purposes will greatly conciliate the aboriginal chiefs, who look eagerly for presents in acknowledgement of their services. We trust that the unanimity which prevailed on the subject of this measure in the House will ensure its speedy promulgation.

[Fiom the " Watchman," May 5.] The first measure of Sir J. Pakington, as Secretary of State for the Colonies, has been to restore the privilege of self-government to the population of New Zealand. The Constitution of 1846, devised by Viscount Ho wick, was returned by the Governor of the colony, as then unsuitable, and was suspended for five years. It would, without any further legislation, revive and take effect in 1853. But it is intended not to revive, but to supersede it. The measure proposed by lj Sir J. Pakington differs not only from this former constitution, but from that designed by Earl Grey, to whom, however, and also to Sir George Grey, the present able Governor of New Zealand, the Colonial Secretary owned his obligations. There is one part of the Act of 1846 which was not suspended, and which it is important to remember the present Bill does not affect — that is, the municipal institutions which have been intioduced among the various settlements in the Islands. In glancing at the local position and relations of these New Zealand settlements, we observe half-a-dozen communities set down upon both coasts of two islands, which run nearly north and south for the length of a thousand miles, and which are occupied at spots eight hundred miles distant from one another ,• so that Auckland, for example, is as far from Canterbury as, in America, the New England States are from the Carolinas. The breadth across, between the east and west coasls, is much less considerable, varying from two hundred miles to less than twenty. But in this direction, a long central chain of rugged and barren mountains opposes itself to cultivation, and consequently, in the infancy of a people, interrupts for the most part mutual communications. Owing to this configuration of their country, the European inhabitants of New Zealand have no centre of colonisation. Nor have they as yet any very close ties of intere&t, oi community of sympathy, for they have been located by land companies, or according to emigration schemes devised under denoininalional auspices, some at New Plymouth, some at Otago, some at Lytfelton, forming here a High Church, there a Presbyterian Community. In these and other places, the English settlers, it will also be remembered, have been thrown among a native race which, by its aboriginal attributes, appears to be the most formidable and most capable of all uncivilized tribes of man, but which, by the beneficent influence of Christianity, has been reclaimed, within a single generation, from savage habits, notoriously including cannibalism, to such a condition of amelioration that Government now judges these native Christians to be as deserving of the privilege of local self-government as then* European neighbours. The constitution devised for the several settlements on the New Zealand Islands, looks providently forward to the time when— population having become more dense, inland routes having been opened up, the harbours along both coasts obtaining frequent communications by steam-vessels, and the first sectarian character of some of the settlement--, bci'ig softo ed and smoothed away. — the three icHuds shall constiluto one nation, ll is neocb^iry at present to respect the local interests of the several settlements ; but to perpel u.ite these interests with nil their diatinclions, by conferring (/>mH sovereign ri'. 1 ,! I-?1 '-? upon each toiritory, wind only loosed to connect till in a central federa-

tive congress, would be to lay down a platform for the future, not of a great union of states, but of a feeble association of cantons. The plan pioposed is, consequently, to create six provincial Councils, each consisting of one Chamber only, restrained from legislation upon the general interests of the colony, and subject to have their enactments controlled by a central legislature. The six places selected for that primary and subordinate mode of exercising the right of self-government, are Auckland, Wellington, Canterbury, Nelson, Otago, and New Plymouth. Every one of these, as the head of a Province, will have a sub-governor, called a Superintendent, whose nomination will be in the prerogative of the Go vernor-in- Chief. Each will have its legislative council, all the members of which will be freely elected, and the franchise for that purpose is given ahke to the native and to the European, — the property test jjeing, in its lowest form, the occupation of a house worth £10 if situate in the town, or £5 if in the country. The restrictions on the power of legislation belonging to the six local Councils, include the subjects of customs, new courts of law, the coinage, the postoffice, the inheritance of property, the Criminal law, the inflicting disabilities on natives from which Europeans are exempt, and the crown lands, or any other lands to which the native title has not yet been extinguished. The Central Legislature is to consist of the Governor-in-Chief and of two Chambpis, — the lower one freely chosen by the same parties who hold the provincial franchise ; but the upper one, or Legislative Assembly, (here is Sir J. J'akington s single difficulty,) nominated wholly by the Crown, its members holding office during pleasure. This colonial parliament may have a duration not exceeding five years : the six local legislatures having one or four years. Without entering further into details, -while we have only an outline before us, we recur to the great and gratifying fact of the witness borne in the British House of Commons to the success of Christian Missions in New Zealand. The missionary preceded the merchant in those islands, and civilization was taught by Christianity, and not by commerce or by government. The present Governor, Sir George Grey, tells us of the Maories, that " nearly the whole nation has now been converted to Christianity. That they are fond of agricultux'e, take great pleasure in cattle and horses; like the sea, and form good sailors ; have now many coasting vessels of their own, manned with Maori crews ; are attached to Europeans, and admire their customs and manners ; and that they are extremely ambitious of rising in civilization, and becoming skilled in European arts." He adds that "many of them have also now from the value of their property, a large stake in the welfare of the country. One chief has, besides valuable property of various kinds, upwards of £500 invested in Government securities. ' It would appeal that such a race could easily be incorporated into any British settlement, with mutual advantage to natives and settlers. In fact, the process of the incorporation of the native population into the European settlements " has, for the last few years, been taking place with a rapidity unexampled in history. Unless some sudden and unforeseen cause of interruption should occui 1 , it will still proceed, and a very few years of continued peace and prosperity will suffice for the entire fusion of the two races into one nation." The aboriginal population of whom such things are spoken, displayed forty years ago their preeminence over other savages chiefly in a greater ferocity, and superior daring and accomplishment in the arts of war. Only seven years ago,- they were in rebellion against the British government, and in arms against those new neighbours whom now the New Zealand copies, emulates, and unites himself to, in one allegiance, in one religion, and in domestic relations. He, in return, will be acknowledged by the Imperial Legislature as a fellow subject, possessing the rights of a common citizenship. For this part of the measure, Col. Thompson could not refrain from offering to the Colonial Secretary his warmest congratulations ,• and in it, believed that he saw the recognition of a principle, which was capable of carrying forward this country to as much of the empire of the world as the ambition of an honest patriot should desire.

(Fiom the "Edinburgh Adveitiser," May 7.) The Constitution for New Zealand is now in a fair way to being granted, as the scheme proposed by the Ministry on Monday night was very favourable received by the House. It divides the colony into six provinces ; appoints a Governor and an elective General Council for the whole island, — with a superintendent, nominated by the Governor, and a local council for each of the provinces. The natives, as well as the whites, are to be entitled to the franchise ; but in order to prevent the votes of the former ever preponderating over those of the latter, the franchise is to be confined to certain districts around each of the settlements. Thus not only will the British be greatly in the majority in the several electoral districts, but the Maories admitted to the franchise will be inoculated with British ideas from mingling with British settlers. These districts will be gradually widened as the British settlements extend, and as the surrounding natives become civilized ; and it is to be hoped that this offer of the franchise will induce the wealthier class of natives to forsake their unsettled mode of life for the habits and customs of civilization. So far from believing, with Rousseau, that the man who first said, " This ground is mine," was the author of ail subsequent evil, we think the very reverse ; and nothing, we arc inclined to believe, will more speedily reclaim the savage from his barbarism than his becoming possessed of fixed property. It initiates him into the relations and arrangements [of civilized life ; it teaches him to respect the rights of others out of consideration for his own ; and spurs him on to cheerful industzy, by giving him the sure prospect of reaping the whole fruits of his labours. No political constitution, for any State, we may safely aver, ever gave entire satisfaction to those for whom it was framed ; — and this seems to be the case with New Zealand. The present Bill will not encounter all the objections which were made to the embryo Bill of the late Government, but, in some respects, it is still open to them. The chief objections of the colonists were, that the Government jjplan savoured too much of the spirit of centralisation ; and secondly, that the system of nominees is peculiarly repugnant to the British colonists of New Zealand. The latter objection is now obviated, as Earl Grey's plan for a third of the Members of the General Council being nominated by the Governor has boen rejected by the present Ministry ; and on the other point, we thinly some compromise may be come to. That the power of the General Council should be superior to, and entitled to override, that of the local assemblies, is manifestly indispensable. It is just what prevails, not only in great Britian, but in republican America, — iii which latter country, any of the State Legislatures must succumb when it comes in contact with the superior decrees of Congress ; and indeed, if this were not the case, the General Council whuld be ixtterly useless, and a rirtual nonentity. As to the question whether the subgovernors should be nominated by the Governor-in-Chief, or by the provincial assemblies, " much may be said on both sides." It is very true that it is expedient that unity should be imparted to all parts of the Executive system, and nothing can accomplish this better than by the Govornor-in-Chief appointing his deputies in the provinces ; but it is nLo true that in America a different system has iicau pursued w itli no material disadvantages, and that the election of the sub-governors by the loc.il council! would confer more real liberty on their doli'ioiation, and better promotes political v'iUility and powor? of self-a< rion in the oevoivil j.roA inccs. A^ain, we know not as yeL the i exact financial system pioposcd by the present, '

Bill ; but probably the plan of all the revenue going into one fund, to be expended at the will of the Geneial Council, might be modified, as it is in the United States, — so that each province, after contributing a quo to to defray the expenses of the general government of the 'colony, might reserve the rest of its revenue, to be disposed of as its local council might see fit. "We assign no preference to the latter mode over tlie former, — it may be a better guard against injustice to any of the provinces, yet at the same «tyne emergencies might arise in which such a system would seriously affect the resources of the Central Government. All we say is, if the one system be agreeable and the other repugnant to the colonists, there is no peculiar excellence in either which would entitle us to force it upon a reluctant people. Perhaps the greatest objection that may be urged against the proposed Constitution is that its machinery is too expensive for the finances of the colony. Half-a-dozen local councils and superintendents, besides a General Council and Governor, is pretty well for a population of British settlers not amounting in number to above five-and-twenty thousand. The question of an Upper Chamber, too, is attended with considerable difficulties, — although, from the peculiarly aristocratic spirit of the colonists, and the number of persons of good family who have emigrated thither, we have little hesitation in saying that New Zealand is better fitted for imitating the political institutions of the mother country than any other colony which owns the sway of England. Sir John Pakington, justly acknowledging that the present Constitution is only an experiment, and perceiving that the growth of the colony will in any case soon necessitate the alteration of its political arrangements, proposes to introduce into his Bill a clause empowering the General Council to make such changes as experience may show to be beneficial, — only stipulating that the consent of the Crown must be first obtained when the alteration is of great moment. This, we think, is an excellent provision, and is likely to prove an effectual antidote to those errors of detail from which Home legislation in regard to the colonies is hardty ever exempt.

[The following- brief references are the whole of what we find on the subject in the editorial columns of the journals quoted.]

[From "Bell's Weekly Messengei," May 8] The measure for giving a Constitution to New Zealand has met with the approbation of all parties, and furnishes another striking proof of the advantages which our colonial dependencies are likely to derive from the accession to office of Sir J. Pakington, albeit lie is "an untried man," and "a mere country magistrate." Plain sense, sound principle, and singleness of purpose, will always win the day, against chicanery, expediency, and selfishness.

[Piom the "Spectator," May B.] Of Sir John Pakington's New Zealand Bill it may be said, that though open to criticism in many of its provisions, it is welcome inasmuch as it gives the colony a constitution at last, and one which pi'ovides for subsequent improvements by the Colonial Legislature. Sir John may be deficient in the knowledge appropriate to his department — indeed he confesses that he is ; but he has shown a desire to do what is right and just, in a frank good- tempered manner. [In another article in the same number, the Spectator, again referring to the subject only incidentally — observes,] — • One excellent example Ministers have set to themselves, by the hands of their colleague Sir John Pakington, in giving New Zealand a constition. That had been virtually settled long ago, and there was no reason why it should not be disposed of. The Caffre War is another old nuisance, not to be so summarily dismissed, but when we do come to an end, it should be once for all. There are some matters at Cape Town not unlike the New Zealand affair,, which make a perpetual and a hazardous bother, merely because they are not settled, although the terms of their settlement have been laid down : they should be extinguished.

A Travelling Genius. — A man who had been an unsuccessful delver in the mines of Georgia, on hearing the thrilling news of the gold placers of California, had his spirit quickened within him ; and, although he had arrived at an age (being about 60) when the fires of jouth usually cease to burn with vigour, fixed his eyt J s upon the far distant and but little known country, and resolved that he would wend his way thither, alone, and without that indispensable friend, money, of which he was destitute. Under such circumstances it would not avail to atempt a passage " round the Horn," or by the more uncertain, and at that time, unperfected route, across the Isthmus ; but as Califotuia was on this continent, he knew that there was a way there, though it might lead through trackless deseits and barren wastes. These were ndt enough to daunt his determined spirit, lie bent his way lo tbe " Father of Waters," and woiked his way as he could till he found himself at " Independence," in health, and with no less of strength, and with 150 dollars in bite purse. lie had no family to provide for, or even companion to cater for on the route which he was about to enter, yet some things were necessary for himself, and to relieve his body fioin the pressute of a load, he provided himself will) a wheelbairow upon which to place his traps. It must not be supposed that our hero was ignorant of the large numbers of emigrants that were moving over the plains ; and it is quite prooable that his sagacity was precocious enough to look ahead at the result of attempting to carry forward such ponderous loads and such a variety of at least dispensable things as the earliest parties staned with. A detailed list of the amount and variety of goods and wares, useful and superfluous, with all the appendages of refined and fashionable life, that were distributed along the wide waste and mountain ranges would as* tonish the leader. Our hero was not in a hurry. lie reasoned thus : — " The world was not made in a day j the iace is not to the swift." He trundled along his barrow, enjoying the comforts of his pipe, the object of wonder and subject of much spoitive remark by those who were huriied along with their fresh and spirited teams>*on their first days Many weeks had not passed befoie our independent traveller had tangible evidence that trouble had fallen to tbe lot of some who had preceded him. A sti ay ox was feeding on his tiack, the mate of which, he aftivards learned, was killed, and this one turned adrift as useless. He coaled him to be the companion of his tr.vels, taking care to stop were he could piovide himself with the needful sustenance, lie had not far to travel before he found a mate for his ox ; and ere long a wagon, which having given way in some ot its parts, had been abandoned by its rightful owner, and left in the joad Oui travelling genius was aioused to turn these mishaps to his ownad° vantage; and he went leisuiely to work to patch and bolster up the wagon, bound "his faithful oxen to it, and changed his employment of trundling the wheelbairow to driving a team; onward moved the new establishment, gathering as he went from the superabundance of those who had gone before, such as flour, provisions of every kind, books, implements, even rich carpets, &c, which^had been cast oft' as burdensome by other travellers. He would occasionally find a poor wornout animal that had been left behind j and, as it was not impoitaiit ibr him to speed his course, he gathered them, stopping where theie was abundance of grass time enough for his cattle to gain si little strengLh and spirit. Time rolled on and his waggon rolled with it, till he reached the end of bis journey, when it was discovered that he had an uncommon fine team and a good waggon, which produced him on sale 2,500 dollars. Being now relieved of the care of his team and in the midst of the gold diggings, he soon closed his prospecting by a location ; and, while all around him were couc-ntiating their strength to consummate the work of years in a few months, he deliberately commenced building, finishing, and, as fast as ht> could, furnishinga comfortable cabin. Ilia wood he gathered, sawed aud regularly piM in a strait line and perpendicular by the door— convenient, although the old lady \ia3 within to provide lin meals. lie acted upon the ail.ige, " Never start till you lire ready." Now oui hoi o was ready to commence working Ins " claim," which he did, as be did everything else, systematically and steadily. He may yet be t.een nt bu work, with the prospect {if he lives to be an old nmn) of being rich ; for in the last two yenis Jje has accumulated 10,000 dollars.-- New York Fjipiess,