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New Zealander, Volume 9, Issue 767, 20 August 1853, Page 2

Oun chronicle of the proceedings of “ th e clique” which sustained so signal a defeat at the laic election of Superintendent, would be defective in a particular which furnishes no inconsiderable illustration of both their principles and their tactics, if we failed to transfer to our columns a Petition to Parliament which they just have published, a/ier having forwarded it to England by H.M. Brig Serpent (!) That our readers may he in a position to judge of the remarks we have to offer upon this notable document, we introduce it here in all its native beauty and uncurtailcd proportions:— To the Honorable the Commons Hocsi or Parliament. ■ The Humble Petition of the Undersigned Inhabilants of the Province of Auckland, Neio Zealand, SIIEWETH, That by an Ad of the Imperial Parliament, lo and 16 Viet. Reg. cap, 72, Representative Institutions were conferred upoa the Colony of New Zealand.

That any Officer in command of (he Troops in New Zealand haspowerlo affect Ihe constilncncy by allowing Soldiers under his command to acquire the elective franchise through residing a certain time out of Barracks; while, at the same time he retains the power of hindering them from voting, should he think proper so to do, by confining them within Barracks, on the Polling days. That the power of creating voles has actually thus been exercised by Lieutenant Colonel Wynyard, commanding oßlh Regiment, stationed in this Province ; which votes have been made to contribute lo his own election as Civil Superintendent,

That your Petitioners cannot suppose that it was the intention of Her Majesty’s tiovernmeDf, when granting Representative Institutions lo this Colony, that the votes—not impossibly of a whole Regiment, and under (he natural influence of the Commanding Officer, should be allowed to affect Colonial Elections.

Thai no power of disfranchisement exists within (he colony. Your Petitioners therefore pray that Your honourable House may enable the Colonists to enjoy the full benefit of (heir Representative Institutions, by amending the Constitution Act in so far as to withdraw the power of interfering withoor ; Provincial Elections from Military men in active service. And Your Petitioners, as in duty bound, will ever pray. One of the first enquiries which may naturally arise in the mind of the reader is, From whom docs this Petition proceed? But on this important point no Information whatever is vouchsafed. It professes to come from “ the undersigned,” hut who “the undersigned” are, or how many of them there may be, is prudently kept in the back ground. The Petition is a wholly unacknowledged bantling—a poor nameless orphan—except in so far as its being held up to admiration in the fond embrace of the journal presided over'by the rejected candidate, may afford a clue to the paternity, hj was not, like some important Petitions winch have emanated from our community,adopted at a Public Meeting; or even, like some others, published before it was offered fm signature, or while it was yet in course oi receiving names. On the contrary, a e° n ‘ siderablc proportion of the public only bear of its existence now after it has been pee* pared, signed, and sent away . Whatever may be thought of the candour or honesty ot this proceeding, it was by no means aha stroke of policy. Criticism was escaped, until it could no longer avail to del incautious persons from appending 1 ' names to a document which perhaps they confidingly took on trust, without 100 i s into its real character, and until they co not, if on a full investigation they sired to do so, withdraw their names *i it. The affair bears the characteristics clique unmistakeably stamped upon » every feature. ’ , If there were any doubt as to the . object of the Petition beingdifferent f«m ostensible object, it might be removed y moment's reflection. The prayer 15 . Parliament will enact a certain “ disffanc t ment” which there is “ no power in the lony” to accomplish. Now it so Ppp® that a power of altering “the ffualmc*. ot electors” is specifically and P ronlineu ‘ n ’ c mentioned in the Constitutional Act as of the privileges vested in the Genera semhly. In the despatch from the Score® of State on transmitting the Act, it b marked, the Act confers on the Legislature, h> , lions 67, 68, and 69, the exte ,,s ‘ powers of introducing into the polish 10 sni'li changes as experience may indicate. deliberate public opinion may require, * ■ on turning to these Sections we fum • provisions relating to elections including . ijnalificalion of electors are very disim c J specified as laws which it shall be lawfu the General Assembly to alter. If the ong nr.tors of this Petition were indeed as , ous of upholding constitutional purity _ they would Have it believed, their obvi

coarse would have been to petition - not the House of Commons—but the Legislature of the Colony in the first instance. In that Legislature their case might have received fid? investigation, with all the advantages wliich the local knowledge and identification with colonial interests of the members would cnsiue. Arid ifa Bill of “disfranchisement” had been agreed toby the General Assembly, and transmitted (as it must} for Her Many’s approbation, then would have been the proper lime to strengthen the measure by expressing to the Home Authorities that concurrence of “ public opinion” which the Secretary of State referred to This, we say, would have been the legitimate line of proceeding, if the object were what is professed. But it is very plain that the design was to prop up other attempts (of which more another day) to embarrass Colonel Wynyard personally ; and this was one of those electioneering manoeuvres which, though they mystify and mislead the unwary, are clearly seen through by intelligent and straightforward men. One word more, however, on this pomt. Is there a man in Auckland who believes that if these soldiers had voted for Mr. Brown, the present petition would have been got up ? It will not be believed at any rate by those who know that, at the Provincial Councils election of last year, several officers and soldiers actually did vole for him;— nay, that previous to the election, his friend and partner! in business, Dr. Campbell, earnestly, and, no doubt, justifiably, canvassed military electors for their support. Then there was no petition or anything else ofthe kind. Neitherwould there have been now but that the soldiers voted against instead of for Mr. Brown. So much for general considerations sug-

gesled by the petition ; but what shhll we jay of the particular character of the third ; paragraph ? The only conclusion a stranger could draw from the statement there advanced would be that Colonel Wynyard had, with reference to this election , “ created votes” by causing a number of soldiers to live out of barracks for the purpose, and then, that he

had, by an exercise of his authoritative influence as Commanding Officer “made those votes contribute to his own election as Superintendent.” Now wc boldly affirm that there is not an individual in the community acquainted with the Aids who does not know that this—clearly implied, if not openly alleged —assertion is an unmitigated misrepresentation. For years a certain number of the soldiers have been living out of barracks; and, indeed, wc need go no further for a convincing refutation of the assertion than the simple fact that none of them could be placed on the Electoral Roll as householders at all, unless they had lived outside for at least six months, that is, from a date long previous to the first mention or notion of Colonel Wynyard’s candidaleship. The facts arc soon told with regard to the voters thus impugned. There is not sufficient accommodation in the barracks for the whole regiment. According to the Regulations, three men out of every hundred are allowtd lodging money, but the amount of it is so small that generally it is insufficient to meet the cost, so that the soldiers have to make up a portion of their rent out of their own pay. Many soldiers live out of barracks who do not receive any lodgingmoney at all; for this, amongst other reasons, that only twelve wives in proportion to every hundred are allowed to live in barracks, and the married men whose wives cinnot be admitted, esteem it a favour to be permitted to live outside, —while their wives, by washing and other work, at once aid in the support of their own families, and render services which many of the civilian families are glad to obtain and pay for. The soldiers thus living outside, are subject to.taxes like other householders, and, on this ground alone, might fairly claim a right to vole for those who are to wield the power of imposing taxation.

Again, there arc soldiers living in barracks who arc owners of freehold property, and whose names actually stand on the Electoral Roll as freeholders. Are they to have no right to vole? Is it meant to contend that a man who has become the possessor of property in the country, and who probably intends when he can obtain bis discharge to .settle down in New Zealand as bis borne (as many discharged soldiers actually have done) —is a man in such circumstances, wc ask, not to be permitted to vole because be happens to be at present in the army? Then as to compulsion, where is the proof that anything of that character was even attempted ? The soldiers were free to vole as they pleased. No doubt, their Colonel being very popular in bis regiment, they would be predisposed to vote for him ; and it is a significant fact that the discharged soldiers residing in Auckland, who bad served under him in the 58th, but arc now wholly removed from bis control, were amongst the most ardent in their desire to do so. But in this, after all, the military voters only came to the same conclusion which was arrived at by a great majority of the most intelligent of their civilian fellow-electors.

The point which it is tried to raise as to the power of the Commanding Officer to confine the men in Barracks on polling days scarcely needs a remark. When was it exercised so as to interfere with the voting of any man who had a right to vote '! Was there any soldier incarcerated on the Polling day last, year 10 prevent his voting for Mr. Brown T We understand that, on the day of polling for Superintendent, an hour was allowed for the soldiers to be absent for the purpose: no inquiry was made as to the exercise of their votes; but two or three who transgressed the limit as to lime were punished for the fault, —none the less severely because it might have been believed that they had voted for Colonel Wynyard. We could say more with reference to this Petition, but we really apprehend no harm from it, and we have only desired to indicate in a lew points its unsound and factious character. We have nut the slightest knowledge as to il>e names appended toil; and we should have been glad if the patrons of the affair l>ad shown courage enough to publish them. We suppose they are comparatively very few »hj number; and that even of the few a considerable proportion were attached through a general and vague acquiescence in the opinion that soldiers should not be allowed

*° Influence elections, —without any examMiation of the artful mode in which the Petition was worded with a view to the furmejpance of Mr. Brown’s purposes, and especially without any adoption of the flagrant

niisrepresentalion in the third paragraph. We willingly leave the subject, and regret exceedingly that Mr. Brown and his par.'y still persist in rendering necessary such continued discussion on a contest which we bad hoped would have terminated with the declaration of the Poll, and discussion on which should long since have dropped, if they had not forced us in the performance of our public duly to expose the mischievous schemes of which they arc so prolific.