THE DESPATCH ON THE NEW ZEALAND CONSTITUTION.

New Zealander, Volume 9, Issue 716, 23 February 1853, Page 3

THE DESPATCH ON THE NEW ZEALAND CONSTITUTION.

[From the “ Syduey Iler.tM” January 29l

The despatch addressed by Sir John Pakington to the Governor of New Zealand, transmitting the Act to grant a Representative Constitution to that colony, gives further proof that in matters of legislation for the colonies the Conservative Ministry of Lord Derby arc more liberal than were the Whig ministry of Lord John Russell, and that in the tone of his official communications the Conservative Secretary of State is far more conciliatory than was his Whig predecessor. One thing could scarcely fail to strike the most cursory reader of this despatch, namely, the frankness with which the Right Honorable Baronet admits the weight of colonial experience on colonial questions, and the consequent deference which he pays to the suggestions of his correspondent. This is as it should be. It Is impossible for persons in England,however well informed and discriminating they may be on political subjects generally, to understand what are the requirements of the colonies, and what are the best modes of providing for them, so accurately as persons resident on the spot, and accustolned to study such subjects under the lights of personal observation. It is unsafe, therefore, not less than unwise and presumptuous for Ministers of State to act on a supposition to the contrary. This was remarkably illustrated by the fate of the former Constitution sent out to New Zealand. So totally unsuited was it to the circumstances of the colony, that the Governor felt himself under the necessity of declining to carry it out; and thus was exhibited the unseemly spectacle of an Act of the Imperial Parliament being disobeyed by the auththoriiies charged with its execution. But the Governor was so incontestibly in the right, that no painful consequences resulted to him from that noble (iisplay of moral courage. Ministers stood rebuked for their rashness, and the obnoxious Act was suspended by those who had passed it into law. We have not as yet received a copy of the new Constitution Act; but its principal features may be gathered from the despatch. New Zealand has heretofore been divided into two provinces, called respectively New Munster and New Ulster. Each of these provinces h:jdi a Lieutenant-Governor, one resident at Auckland, the other at Wellington, Under the new Act this division will be superseded. The provinces will be consolidated into one colony, presided over by one Governor, and represented by one Central Legislature. The colony is, however, to he subdivided into six provincial municipalities, very similar in their general outline, as would appear from the despatch, to the District Councils of our own colony. Each province will have a Council and a Superintendent, the Council consisting of a single chamber, composed wholly ot elective members; the Superintendent also being elective. The functions of the Provincial Councils will lie limited to local objects, such as in England “ would be considered to be of a municipal character, rather than partaking of the higher attributes of legislation.” They are empowered to pass what the despatch calls “local ordinances,” which is but another name, we presume, for what in municipal corporations are called bylaws. The office of Superintendent seems to be analogous to that of a Mayor, or to that of our District Wardens. But the Superintendents are invested with a power which belongs neither to Mayors nor to Wardens—the power of negativing the ordinances passed by the respective Councils. This veto is also vested in the Governor of the colony—that is, ordinances passed by Provincial Councils and ratified by their Superintendents, may be disallowed by the Governor. And the power of allowing or disallowing provincial ordinances is left “ in the Governor instead of the Crown” In no instance will it be necessary that such ordinances should be reserved for the signification of the royal pleasure thereon ; nor, as we understand, will it in any instance be competent for the Governor to make such reservation. Legislation, strictly local in its objects, is to be at the absolute disposal of local authorities. Here is a great step gained towards the emancipation of the colonies from the meddlesome interference of Downing-street. The Provincial Superintendents are to have executive powers ; but all that the despatch expressly stipulates is, that they should be justices of the peace within their own provinces. What other powers they should possess is left entirely to the determination of the Colonial Government or Legislature. The central Legislature is designated the “ General Assembly,” It is to consist of two chambers, a Legislative Council nominated by the Crown for life, and a House of Representatives, elected of course by the people. “It has been thought, upon the whole,” says the Despatch, “ most convenient to leave it to the House of Representatives to make, on its first meeting, all the rules which may appear expedient for its own management, even to the appointment of a quorum for the conduct of business.”

To the General Legislature thus constituted, “ it has been the object of Parliament,” Sir John Pakington observes, “ to give powers as extensive as it was possible to confer, consistently with the maintenance or the prerogatives ot the Crown.”

Of these powers, the one to which the colonists of New South Wales attach the highest value is that of controlling the Waste Lands. On this head, the Right Honorable Secretary speaks out in the frankest and most liberal terms. “ Her Majesty’s Government,” he says, “ in framing the constitution of New Zealand, and submitting it to the decision of Parliament, determined not to except tiie control of the waste lands of the colony from the general powers conferred on its Legislature. Without entering into the discussion to which this subject has given rise, it is enough for me to say that they felt satisfied that this revenue was likely to be administered in a more efficient manner both for the benefit of the empire at large , and of the community of Neva Zealand , by the local Legislature than by any other authority.” This is the very point we have been contending for throughout the last ten years. Waving the question as to where lies the abstract right over our waste lands, upon which there is an irreconcileable difference of opinion, even amongst the colonists themselves, we have always maintained the practical point which has at at length been conceded by her Majesty’s Government. And in fact this point in no way compromises the principle of right, whether the right lie with the empire or with the colony. By conceding the i waste lands to the Colonial Legislature, the right of the Crown is secured harmless because the Crown’s representative, the Governor, must be a party to any legislation toxxching those lands ; while the right of the colony is sufficiently maintained by the powers given to the House of Representatives. We think it cannot now be doubted that the solemn declaration and protest of the Legislative Council of our own colony, in whatever else it may fail, will not fail in securing for the Legislature of New South Wales what has been so freely and so manfully conceded to New Zealand on this great and long agitated question of territorial control.