The New Zealander.

New Zealander, Volume 8, Issue 669, 11 September 1852, Page 2

The New Zealander.

He just and fear not • Let nil the ends thou ann'st at, be thy Country's, Thy God's, and Tiuth's.

AUCKLAND, SATURDAY, SEPf. 11, 1852.

The uncertainty "whether Sir John Pakington's New Zealand Constitution Bill (lid or did not pass before the dissolution of Parliament, or, if it did, what modifications it may have undergone during 1 its several 1 stages, seems to render it an almost fruitless labour to examine its provisions in detail, — more particularly as the hourly expected ! arrival of the Raven, with later English in1 telligence, may materially change the whole aspect of the question, even before the observations we arc now penning can como into the hands of many of our readers. Still, the Bill, taken in conn da ion with Sir John's introductory speech, presents information respecting the views on the subject entertained by the Home Government, which cannot but be regarded with deep interest. The measure was evidently not one struck off on the spur of urgent necessity, without previous consideration ; but — although it immediately came from a new Secretary for the Colonies— it embodied much of the results of his predecessor's enquiries and deliberations, as well as of the plan suggested *by Sir George Grey; while as respects Sir John Pakington's own part in it, no candid reader of his speech can doubt that ho had not been negligent in endcavouririg to make himself acquainted with the subject since his entrance on office. And none but those who adopt the simple and compendious plan of treating everything that comes from any Government with wholesale abuse, can spurn it as " a gagging and ruinous Act,'* which should be met with one " univcr&al feeling of indignation." Such language as this can have no truthful application to the whole measure, however correctly it may apply to the provision for the infliction of the Now Zealand Company's debt on the Province of New Ulster (as well as on the Company's own Settlements,) — an injustice so flagrant that it would be difficult to denounce it in stronger terms than it deserves, but which, it should be remcmbei-ed, is not an original feature in this Bill, but one which already had obtained positive Parliamentary sanction, although no doubt wo find it, not only re-pro-duced in the Bill, but placed in a definite and business-like form which concentrates its oppressiveness, and brings it more closely home to our interests. But, on the other hand, how can those whose constant cry has been for the extension to the colony of the political Institutions of Great Britain in the completeness in which they are enjoyed at home, consistently complain of so near an approach to the model of the English Constitution — with its check and balance system of the Crown, Lords, and Commons — as is here sot before, them 1 The scheme of the Bill gives them Provincial Councils for the management of such concerns as do not affect the other Provinces ; — these Councils to bo elected by a franchise far more liberal than is known in England, and to consist wholly of elected members, without the introduction of a solitary Crown nominee. Moreover, the Acts passed by the Provincial Legislatures will not be exposed to the delay and uncertainty of waiting for the Queen's assent,,. but may be at once confirmed by the Governor, and thus enrolled amongst the fully settled laws of the Province Had Sir George Grey's plan been adopted in all its parts, the Superintendents of the Provinces would have been elected by the people, and elected to office only for the same period of time as the members of the Provincial Council. This liberal suggestion of His Excellency, which he "earnestly recommended," (in his Despatch reporting on the form of Constitution best adapted in bis judgment for the Colony, published in Parliamentary Papers just received here), has, however, been set aside by the Home Government, who propose that the Superintendent shall bo appointed by the Governor, and shall hold office during Her Majesty's pleasure. But to proceed. There is to bd a House of Representatives for the Colony, which, like the Provincial Councils, is to bo entirely composed of members elected under the same wide franchise,

and in -which every man whose name is on the electoral rolls will be qualified to hold a scat, the House being in both these particulars more popularly constituted than the British House of Commons, which it otherwise resembles. Then, there is to be a counterpart of the House of Lords in the Legislative Council, the members of which are to be nominated for life. Theoretically, the nomination lor life, rather than for a term of years or during 1 pleasure, may be thought advantageous, as releasing- ; the members from the influences which j might trammel them if they held their places only while they rendered themselves f acceptable to successive Governors ; although practically we fear there would be groat difficulty in finding 1 in the colony men not only fitted for this position by other qualifications,but so independent in theircircumstances as well as in their feelings, as to be above the temptation to court the favour of the Governor for the time being 1 , with a view to some of the " good things" which might be at his disposal. Here again it is simple justice to Sir George Grey to state that his plan (as sketched in the Despatch above referred to) was that the Legislative Council should be elective,—" elected," he says, " by the Provincial Councils, such a number of votes being allowed to each member of these Councils as to enable a minority to be at least to some extent represented." Pie adds, " I think, as it is proposed that the general Legislature should be so rarely assembled, it would be requisite that the members, both of the Legislative Council ' and of the House of Representatives should bo elected for a period of five years." Thins the proposals of Sir George Grey would really have placed considerably more power in tho hands of tho people than the Bill contemplates; and yet we arc told, as tho climax of onv worthy contemporary's accusations against the measure, that it has been " concocted by a dangerous, dexterous, and despotic Governor-in-Chiof, solicitous only of destroying every Colonial interest and influence except Ms own /" Do wo then ourselves look upon the now scheme as free from gravo mistakes and faults ? Very far from it. While we trust j and believe that New Zealand will at no distant day be able to supply material and all other requisites for a closer model of Home Institutions, we cannot persuade ourselves that it is at present ready for such a measure as this. More particularly, we sec great danger in the power given to tho General Assembly to deal with tho Colonial Revenues at its pleasure — merely hancl.ing back to the Provincial Councils, in proportion to tho Revenues of their respective Provinces, the Surplus which the Assembly itself may not have appropriated —a surplus which, we need not say, may be next to nothing-, or which actually may not exist at all,— especially considering that a sum of £19,000 is to be deducted from the Gross . Revenue before tho Assembly can touch it in the wpy of appropriation, — viz. : £12,000 for the Civil List, (which we think too much), and £7000 for Native purposes, a reservation which, though lai-ge, is based upon a principle sacred to every feeling' of humanity and justice, and will win the cordial approbation, of the philanthropic public of England, however selfishness may cause it to be censured by some of the money-getters of the colony. To return, however. New Ulster could scarcely escape the suffering 1 of great injustice in the working of this system. Although this Province would contribute far more than most or any of the other Provinces to the General Revenue, yet it would not be likely to have a representation strong- enough to cope with the number of members from the other Provinces whose interest it would be to obtain as much as they could from the Total Amount as appropriated by the Assembly. This inadequacy of representation would be stil! more injuriously felt if the Assembly should sit at Wellington, where it would be very inconvenient for more than a few from the North to attend. Here, (not to enter now on other points), would be found an additional and most cogent reason for pressing 1 ! a claim for that Provincial Separation — or, to speak perhaps more accurately, that creation of Now Ulster into a colony in all respects as independent of New Minister as Victoria is now independent of New South Wales— which already is the earnest desire of great numbers, and which, —notwithstanding the difficulties with which it may be encumbered from the circumstances oi the Native tribes and other causes, — on thowholccommendsitself to the judgment of many of our most thoughtful and experienced men, and will we think be,however reluctantly, all but unanimously sought for should the " New Constitution become law. t There are several other points, some of I them by no means unimportant, on which we should comment were it our present purpose to give a full expression of opinion !on the measure : this, however, may come most appropriately when we know more of the rate of the ministerial proposition. But to the one most urg-ent topic — the New Zealand Company's claim — we must return. No amount of unmingled merit, had such been the characteristic of the rest of the Bill, could have reconciled us to the deep and paralysing injury embodied in the provision that tho Company shall receive five shillings upon every acre of the Waste Lands of the Crown sold in " New Zealand," — including- necessarily the Province of New Ulster, which, if right prevailed, instead of being constantly taxed for tho benefit of this griping- commercial Association, should receive compensation for the evil, unmitigated by tho smallest good, which it sustained from the Company during a long course of persevering hostility to its progress and character. There is every reason to believe that the Company havo recently been strenuously urging their claim at the Colonial office, and that it was under the pressure of their influence that both Lord (Trey and Sir John Pakmgton consented to such steps as the introi duction of this obnoxious clause in the New Constitution, and the disallowance of the Colonial Ordinance of last session which authorised tho appropriation of one third of the proceeds of the Land Sales to Municipal Corporations. As it may interest our readers to see a copy of the Despatch declaring- the disallowance, wo subjoin it. But first we transfer from the same Parli-

amentary Book Sir George Grey's Despatch on transmitting the Ordinance to Ungland. It is needless to point out to the impartial reader the evidence which it affords in confutation of the charge against His Kxcellency of wishing- to throw additional taxation on the people. Government House, Wellington June 25, 1851. Mr Lord, — I have the honour to transmit for the purpose of being laid before the Queen, tho Ordinance named in the margin, (Land Fund Appropriation Ordinance, Sess. xi., No. 2.) which I have en.icted, with the advice and conscufc of the General Legislature of these Islands. 2. The objects contemplated by the enclosed Ordinance being chiefly those of providing iunds by which municipalities in new and thinly peopled settlements, may be enabled to carry out public works, which no assessment that could be afforded by their limited population could accomplish, and to induce all persons inhabiting the colony to take an interest in the disposal and management of the waste lands of the Crown, upon which subjects I have already made several reports to your Lordship's department, it appears to mo unnecessary to make any further remarks upon tho subject oi the Ordinance now transmitted for the purpose of being laid before tho Qai ccn. I have, &c, (Signed) G. GnEY. To Right Hon. Earl Grey. The following is Karl Grey's reply : — Downing-strcet, Nov. 20, 1851. Sir, — T have to notify to you HerMajcsty's disallowance of the Ordinance of 33th Viet., Scss. xi, No. 2, "to authorize the Governor to apply a portion of the Land Fund arising within a Muuicipal District at the instance of the Corporation thereof." For the reasons which have induced Her Majesty's Government Avith much regret to advise the Queen to disallow this Ordinance, I refer you to my Despatch of even date herewith on the subject of payment to the New Zealand Company. 1 have to add, that if it should be in your power, from other sources, to place at the disposal of tho Municipal Corporations the amount to which they would have been entitled under the disallowed Ordinance, I should highly approve of your passing a neAv Ordinance to the same general effect, but with the necessary change as to tho source from which the grants to these bodies are to be made. The amount of the grants to be so made to those bodies ought, of course, for obvious reasons, to be regulated by the receipts for land within tho several districts as strictly as if they were provided for from this source. I have, &c, (Signed) Grey. To Governor Sir G. Grey, &c. &c, &c. The Despatch referrod to in the second clpuse is not published in the book before us, which professesson the title-page to contain " Papers relative to the Proposed Constitution of New Zealand, presented to both Houses of Parliament by command of Her , Majesty, May 3, 1852" (tho day on which Sir John Pakington brought in his measurcj. But the meaning is only too evident. The Corporation is not to get its third of the Land Fund because the money is to be handed over to the- New Zealand Company. Nor is this all. We have heard, and we fear there is no doubt of the fact, that instructions have been issued prohibiting the payment of any money from the Land Fund for any I'ublic Works. This, we apprehend, will conclusively provept the handing over to the Wardens of Hundreds of tho accumulation of money which the Corporation might long since have ob-* tamed and expended ; so that, through the Common Council's abandonment of their post of duty, the amount is totally lost to the district, — we had almost said worse than lost, being cast into the ever gaping coffcra of tho insatiable arid unprincipled New Zealand Company.