MR. FOX ON THE NEW ZEALAND CONSTITUTION ACT. (From the New Zealand Journal.) Parthenon Club, London, June 29th, 1852.

New Zealander, Volume 8, Issue 693, 4 December 1852, Page 3

MR. FOX ON THE NEW ZEALAND CONSTITUTION ACT. (From the New Zealand Journal.) Parthenon Club, London, June 29th, 1852.

Sir, —l have the very great satisfaction of ininftninintr you that the bill which was introduced into Parliament by Her Majesty's Government, for the purpose of conferring a Constitution on New Zealand, has passed through both Houses; and that on its receiving Her Majesty's assent, the Colony will be relieved from that despotism under which it has so long suffered, and the colonists will be restored to those privileges of self-govern-ment which pught to have been never withheld — the privileges of making their own laws, administering their own revenue, disposing of their own waste lands, and controlling their own executive. .The measure is by no means perfect. But it does substantially copfer the power of self-go-vernment in all the most important pai'tieulars. It is a much larger and more liberal measure, of course, than any of those shams suggested by Governor Grey, and than any which the late Secretary of the Colonies was prepared to bestow upon New Zealand ; while it is equally in advance of the Constitutions bestowed in 1850 upon the other Australian colonies. And whatever short-comings or anomalous features it may present, provision is macje for their future removal by powers of amendment vested in the Colonial Legislatures, subject only to the sanction and approval of the Imperial Government; which, however, stands pledged by the very nature of the provision to give the suggestions of the colonists the most favourable consideration. I will briefly point out those features of the measure which I regard as

the most satisfactory, and then make a few observations on its defects. I. The waste lands of the colony (so far as the native title has been extinguished) are handed over to the administration of the Central Legislature, without limit or restriction as to price; while their proceeds are placed in the same unreserved manner at the disposal of the same body. This, in my humble opinion, is the great feature of (he bill — one of such magnitude and importance, that if every other had been of an objectionable character, I would gladly have accepted it for the sake of this None of Sir George Grey s suggested Constitutions yielded the administration of waste lands. None of the Australian Constitutions confer it ; and it is known that Lord Grey is decidedly opposed to it. It is far from improbable that any future ministry might have withheld it ; and the colony has great reason to rejoice in this particular that the present Colonial i Minister had the wisdom and the courage to depart from the established theory of his office (so far as regards the Australasian Colonies) on this important, subject. 11. The control of our own Executive. If this be not completely conferred, it is to a very great degree — to a greater than in any other Australasian colony. The official appointments connected with the collection and keeping of the revenue, ; and with the extinguishment of native title, as well as of the judges of the Supreme Court, and of the stafi* of the Central Government (so far as 4500/. will go) will be absolutely in the hands of the Governor — though a sort of power of altering even the civil list ib given to the Colonial Legislature, amounting, perhaps, to little more than a right to induce the Governor to make such alterations. But the salaries of all other oflicers, except those above specified, will be absolutely under the cofltrol of the colonists. Resident magistrates, land commissioners, local judges, local law officers of the Crown, surveyors and directors of public works, unless the Governor can provide for them out of his 4500/., or from the sum reserved for native purposes (of which little can be so applied) all these, and every other office which the ingenuity even of Governor Grey could create, or his love of patronage suggest; all will, by the power of the purse, be subject to the control of the colonists. But in fact the great general power which they will possess, by means of the central and provincial Representative Councils, will render it impossible for any Governor to disregard, to any great extent, tne " wishes in respect of the Executive department, The Governor of New Zealand must, for the future, submit to govern on the constitutional principle of employing in the public service only those persons in whom the colonists have confidence. If we rightly use the powers conferred on us by this measure, we shall no more be insulted by the maintenance in office, of " men who have placed the infamy of their character beyond dispute ;" nor by the appointment of men whose only fitness for office consists in their inability to earn a living by any independent calling. But in one most important — perhaps the most important instance— the power given to the colonists surpasses a mere power of control by voting the salary. The Superintendent of each settlement is 'made absolutely elective by the body of colonists possessing the elective franchise for the Representative Council of the Settlement ; and the tenure of his office is limited to the existence of such Local Council — a period of four years. It will rest entirely with the colonists who "shall fill this important function ; no delegate of the | Colonial Office, no stranger to the settlement, no mere creature of the Governor, will, I venture to predict, be honoured with the suffrages of the colonists. Their own best man — selected by themselves, from among themselves — will hereafter be the chief executive local authority. And whether they shall attach to the office a large or small salary — or whether, as in an English mayoralty, the appointment shall be mere honorary (as there is no doubt it will be one highly valued), will be a question for their unfettered discretion. 111. The limitation imposed upon the veto of the Crown. In the other Australian Colonies all ordinances passed by the Legislature, even though assented to by the Governor, are still open to disallowance by the Home Government. This in our constitution is abandoned. The Governor may reserve laws passed by the general Legislature for the consideration of the Home Government ; but if he chooses to give his assent, that assent will be final, and they can never afterwards be referred home. And the Secretary for the Colonies expressly stated in Parliament, that he should instruct the Governor of New Zealand, never, unless in the most extreme cases, to refer any ordinance to the Home Government, but to give or withhold his assent at once, on his own responsi- ! hility. Laws enacted by the Provincial Councils cannot be referred home in any case. IV. The franchise will, I hope, as regards the European population, proved almost universal. The household occupation, and the introduction of the word "tenement," will assuredly, bring it within the reach of almost every bona fide colonist. The principal obstacle to one absolutely and in name universal, was, no doubt, the position of the natives in some of the settlements. It would have been very difficult to cany any measure here, which, on the face of it, should have made a distinction between the races ; while their participation in an universal franchise would have admitted not only those who may^havo made some progress towards civilization, but all without exception, whether their circumstances indicated or not any elevation on their part above the more savage, or any capacity to understand the nature of the privileges with which they would have been entrusted. If the officers appointed to revise the list of claimants to the franchise, require, tis they must, evidence of a distinct qualification on the part of each native claimant, such as is prescribed by the Act, T have h6 fGai 4 t of any" inconvenience from this, part, of the bill \ while it is probable that the growing intelligence of the race, under the iriondly tuition of the colonists, will before long make them as firm supporters of a liberal and just government as any other inhabitants of the colony. Y. The abolition of a nomineeism in the local Councils, This is a great point : it was not conceded either by Governor Grey or Lord Grey, being precisely one of those rags of despotism to which they wore the most devotedly attached, while it was to the colonists undoubtedly one ef the most obnoxious vestiges of political serfdom which could have been retained. That it finds a place in the Upper Chamber of the Central Legislature is a flaw in the measure to which I shall presently advert. I must now say a few words on the defective or doubtful portions of the measure. 1. The concurrent, or perhaps I should say the paramount, power of legislation which the Central Legislature possesses along with, or over the Provincial ones. This, it is evident, may, and unless colonists exercise much forbearance and good sense will lead to collision between the two institutions, which will probably terminate in one or the other losing public confidence ; while, in the mean time, the conflict will result ill much obstruction of public good. But the confidence which I have in the possession by the colonists of the qualities necessary for self-govern-ment, and the fact that the central Representative Chamber will consist chiefly of men who are also members of the local Councils, induce me to hope that there is not much to be feared on this score. On the other hand there is this advantage in the provision referred to ; that if the colonists think that the powers conferred on the local Councils are too large, the central legislature can, in practice, limit them to a more purely municipal action ; while, if they think otherwise, the Central Legislature can, as it is most probable it will, confine its own functions to objects of a purely federal character. This elasticity in the form of the Constitution, may, therefore, prove beneliejal rather than detrimental ; but it will be necessary

that the colonists should well understand their position in respect of it, and exercise with judgment the power it confers. 2. The nominee Upper Chamber of the Central Legislature. I need not here re-assert the unanimity of contempt -with which nomineeism is regarded by the colonists of New Zealand — a | feeling in which I participate to the full. I lookon this as the greatest blot of the bill. — But it cannot be helped ; every exertion to prevent it was made, even to the extent of risking- the measure altogether ; SirJ. Pakington having declared that he would stand or fall by the result of the division on the point ; and after all I hope it will prove comparatively innocuous. If we must have this "araari aliquid" in any shape, it is better that the nominees should sit apart from the representatives of the people, subject to undivided responsibility, and not disturbing the unanimity of the popular decision. Besides which I have learned, in conversation with a Nova Scotia colonist, that in that and other North American colonies, the movement party adhered to the nominee Constitution of the Upper House, while it is the Conservative party which seeks to make it elective ; and the reason of this must be our consolation. It is, that the Governor, controlled by the elective chamber in possession of the purse, and acting on the principle of responsible government swamps the nominee Chamber with popular members whenever it becomes obstructive. You will see the same fact mentioned in Mr. Gladstone's admirable speech on the second reading of the bill, of which I have already sent copies. It is (true that sucha practice very much conflicts with the object for which the Senate or upper Chamber is created ; but it goes far to obviate the danger of the nominee element in that position very obstructive. Another controlling, power, ■which we shall possess over the nominee Chamber was suggested by the statesman just mentioned, j Id is not probable that a sufficient number of nominees can be got together unless they are paid. Who is to pay them ? I will venture to say that if the vote for their payment, which must be given in the Lower House, is reserved till they have passed every bill sent up to thenij they will not throw out many of the number. 3. The civil list and patronage i*eserved to the Governor. This is altogether wrong. But looking at the civil list reserved in the other Australasian Colonies, and to the fact that it will not increase as the revenue of the colony increases, but bear a smaller proportion to the whole every year, we have perhaps not much reason to complain. As regards the reservation for native purposes, I believe that if the matter had been left to the colonists, they would ultimately, at all events, have done more for the natives than this reservation will enable the Governor to do. But taking it as it is, I think that it will not afford any great opportunity for abuse. Under the check of public opinion, enjoying, as the public will, a recognized mouth-piece, in the Legislatures of the colony, no Governor can expend it on mere patronage, or otherwise than substantially for the good of the native race. 4 The debt of the New Zealand Company charged on the land fund, and to be paid by the appropriation of one-fourth of the proceeds of the sales. This debt ought, there is no doubt, to be paid by the Home Government, if at all : for it was admitted to be due on account of the acts of that Government and its deputies. But having been charged on the colony by Act of Pai-liament in 1847, it would not have been easy to persuade Parliament to reverse its decision. The provision made by this bill is undoubtedly in a considerable degree more favourable to the Company than the former Act. On the other hand, their argument that their position would have been made worse by the change of the stake-holder of the waste lands, was entitled to weight ; and if the debt was to be charged on the colony at all, I do not think the compromise of the two positions effected by j tlie bill was an unfair one. An attempt, however, has been made to get rid of the charge altogether, by an allegation of its having been procured by the Company by a frau- [ dulent suppression of truth. I have, since the i debate, had an opportunity of inspecting the ! documents on which the charge rests, jand I am 1 bound to say that I do not think it can be supported to the extent to which Sir William Molesworth, acting on the information ot ex-commis-sioner Coy/ell, has alleged — nor, probably, to such an extent as to induce Parliament to disturb the debt. But the whole question will, there is no doubt, be discussed in the next session of Parliament, for if nobody else should demand an inquiry, the directors of the Company are ready to do so. The Company is not now that powerful political body which it once was — its defendersin Parliament I are neither so numerous nor so influential as they I used to be, while its adversaries are likely to be both. The case which will be opened next session, it is threatened, will go much beyond the mere suppression charged by Sir William Molesworth, extending, probably, to the expenditure of the Parliamentary grants and other matters; and though it is not likely that the debt will be altogether laid aside — nor do 1 think that it would be fair if it should be — it may be possibly modified in the amount. The position of the colonists, on the assembling of their first Central Legislature, will, in n great degree, be that of a Constituent Assembly. The provision contained in the 68th clause of the bill, enabling the General Legislature to alter any of the provisions of the Act (subject to the approval of her Majesty), is a distinct invitation to assume that character. Let the colonists then pronounce upon the merits of the Constitution. What they think goodinit let them adopt: of whatis objectionable let them suggest amendments. There is no doubt that their views will be received with i*espectful consideration, and, in all probability, be adopted by the Home Government. You will infer from the above remarks that I look upon the Constitution now conferred as, on the whole, very satisfactory. I sincerely congratulate my fellow-colonists on having obtained so large an instalment of the powers of self-go-vernment. The result is due to their own steady and persevering adherence to the great principles of freedom, to their undeviating resistance to the attempts of Governor Grey to put them off with half measures, and to corrupt their independence by the lavish distribution of patronage. " If ho succeeded with some who were once the champions of your liberties, it is satisfactory to reflect that the great bulk of the colonists of all classes have stood firmly by one another, and never flinched, in what, 1 hope, will prove to have been the very last struggle with organised and legalised despotism in the British dominions. If you bring to the task of developing the resources of the colony, by means of the institutions conferred, the energy you have exhibited in seeking to obtain those institutions, New Zealand will, before many years are over, vindicate her title as the " Queen of the South;" and how proud a title that will be in the future destinies of the Pacific it requires no prophet to declare. I must not conclude without placing on record the names of some of those who, in this country, have been most instrumental in bringing your efforts to a successful Issue. The Duke of Newcastle, Lord Lyttelton, Mr. Gladstone, Mr. Adderley, Mr. E. Gibbon Wakefield, Mr. Rintual, and Mr. Henry Sewell, are the men to whom we are indebted for the great boon conferred. In Parliament and out or it, by the most active exertion, by counsel, by the pen, by the press, and by political influence, they have, for more than a year, laboured, I may almost say unceasingly, to bring about the desired end. We owe so much to all of them, that I will not attempt to distinguish individually to which we are the most indebted ; though if any distinction were to be made, the founder of the colony, Mr. Wakefield, is undoubtedly the one who ought to be distinguished above the others. I have pot named Mr. Weld among this number, because he is one of ourselves ; but I must add that in my efforts

to hring the cause of the colony under public notice, I have found in him a most useful coadjutor, a wise 'and intelligent counsellor, and one .it all times ready to aid in the cause. James Tytler, of Nelson ; John George Cooke, of New Plymouth ; Mr. Crane, an intending Otago settler ; the Canterbury and Otago Associations ; and many other old colonists and friends now in this country, too numerous to mention — 1 aye assisted more or less in ihe struggle, and the colonists ought not to receive the gift of their Constitution without expressions of real gratitudeto Sir John Pakingfcon. It was his intention, justifying himself by his recent advent to Office and the probable short duration of the sesssion, to have suspended all legislation on the subject for another year at least. He yielded, however, to our earnest representation, and that with the best grace ; while in carrying out his decision, he has, in a spirit of conciliation and perfect fairness, endeavoured to meet the views of the colonists, breaking loose from many of the established prejudices of the Colonial Office, and not yielding his better judgment to those influences of that department, which has led astray so many of his predecessors. The only formidable opponent of the measure ■was the Times newspaper, whose powerful influence was directed against it by a Sydney colonist, who is understood, at present, to write its leaders on colonial subjects. As soon, however, as jt became generally known from what quarter this opposition emanated, it ceased to carry that weight which is usually given in political circles to the opposition of the Times. But it detached from our. cause one who had on all previous occasions been the staunch supporter of the colonists in their attempts to secure self-government; I allude to Sir William Molesworth. I am bound, however, to state, that Sir William acted with candour and no factious spirit ; and though he certainly at one time perilled the passing of the bill, he did not ultimately press his opposition to such an extent as he might have done, but withdrew, without a division, most of the amendments he had been induced to move. I have the hononr to be, Sir, Your most obedient servant, William Fox, To the Chairman of the Wellington Settlers' Constitutional Association.