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New Zealander, Volume 9, Issue 771, 3 September 1853, Page 2

Rf.turning, as wo promised in our last, to the contents of the late Sydney papers, our attention is first, and chiefly engaged by the topic in the discussion of which they are most largely occupied, viz.:—the scheme of a New Constitution, as embodied in the Report of a Select Committee of the Legislative Council, and in two Rills based upon that Report. The subject is not without its interest in relation to onr own affairs in New Zealand, now that we are entering upon the working of a Constitution Act, one of the provisions of which is that the General Assembly shall have extensive powers of introducing changes in the Constitution itself. Our present purpose, however, is merely to give, with very little comment, a summary view of the plan proposed for New South Wales, and to confine ourselves, even in that view, to the most prominent features Setting out from the Declaration and Remonstrance adopted by the colonial Legislative Council on the sth December, 1851, and the “ Letters of agreement to those terms” of Sir John, Pakinglon of the loth December 185-2, the Committee regard the House as pledged to a Constitution “similar in its outline to that of Canada.” Their general proposition is that there shall be a double Legislative Assembly to bo called “The Parliament of New South Wales.” A glance at the constitution of each of the Houses of which lids “Parliament” is proposed to consist, will show the leading characteristics of the measure.

The Lower House is to have the same number of members as the existing Legislative Council, but lobe wholly elective,—so that thus eighteen representative members will sit in place of the present nominees. The franchise is to be extended to all persons having a salary'of 100/. a [year, and to all occupants of any room or lodging paying 40/. a year for their board and lodging, or 10/. a year for lodging only. The Committee “conceive that ibis enlargement of the franchise, in combination with the franchise now existing, will be a very close approximation to universal suffrage.” The opponents of the scheme object, however, that the liberality of this concession is only apparent, as the new members are to be distributed amongst the present Electoral Districts, and the obnoxious arrangements of the existing Electoral Act arc to be continued.

As respects the constitution of the Upper House, tlie Committee avow their unwillingness to “sow the seeds of a future democracy,” or to “ hazard the experiment of an Upper House based on a general Elective Franchise.” Besides, they regard the Council as bound, by the offer in its own “Declaration and Remonstrance,” to the principle, of a nominated Upper House, at least in the first instance. Not content, however, with maintaining this principle in its simplicity, they engraft on it the proposition for hereditary titles, which has called forth such instant hoslfity and ridicule. The fairest mode of slating their recommendation will be the quotation of a passage from their own Reportr

“Our Committee arc not prepared to recoin mend the introduction into this colony of a riuhf by descent to a seat in the Upper House; but -Ir of opinion that the creation of hereditary title leaving it lo the opinion of the Crown to annex i' the title of the first patentee of a seat for lif e -° such House, and conferring on the original oate!* 1 teesand their descendants,inheritors oftheiVfitle' a power to elect a certain number of their orde lo form, in conjunction with the original pate tees then living the Upper House of Parliament' would he a great improvement upon any f ona A Legislative Council hitherto tried orrecommead&i in any British colony. They conceive that f* Upper House framed on this principle, whilst » would be free trorn (he objections which ha** been urged against (he House of Lords, pn th* ground of the hereditary right of legislation which they exercise, would lay the foundalin° ofan aristocracy, which, from their fortune, bird? and leisure, and the superior education these ad* vantages would superinduce, would soon sunn] elements for Ihe formation of an Upper Hoi! » modelled, as far as circumstances will adadj’ upon tiie analogies of the British Constitution 5 Such a House would be a close imitation of tw elective portion of the House of Lords, which i supplied from the Irish and Scotch pecra"e- mf is it the least of the advantages which would arise from the creation of a tilled order, that it would necessarily form one of lh e strongest inducements, not only to respectable families S remain in this colony, but to the uppercase! of the United Kingdom and other countries, who arc desirous to emigrate, to choose it for’ifepin future abode/’ • -

The merits of any of the other features of the scheme seemed for the lime to be almost lost sight in the discussion of this proposal The two daily papers had already devoted article after article to its discussion. The Empire is earnest to vehemence in denouncin'* it as equally “atrocious and ridiculous and in stirring up the people to a general and organized resistance to its adoption. The Morning Herald views the matter in a more modified light; contending fora nominated Upper House, both on the ground of the obligation imposed on the Legislature by the terms of its own overtures, and on that ofllie necessity, in a community circumstanced like that of New South Wales, of “guarding against democratic violence and impetuosity, and securing a constitutional watchfulness over the rights of property, and over the general interests of the commonwealth ;” though still it deprecates the introduction of the hereditary principle as unnecessary, and as affording a plausible handle lolbe “anti-conservative declaimers against the nominee element in the Upper House.” The popular opinion seemed running in a strong tide against the scheme, aud{as wementioned before) a large perliminary meeting hadbeen held, at which arrangements were made for getting up an organized resistence throughout the colony.

Before leaving the subject we may slate that the Report of the Committee concludes with a suggestion which may remand fuller consideration at a future day,—viz. that there should be a General Assembly for all the colonies of the Australian groups, authorised by the Imperial Legislature to make laws relating to inter-colonial questions,— such as tariffs, postage, penal settlements, gold regulations, etc. The papers contain a long report of an interesting meeting of members of the Church of England, convened by the Bishops of A T cw Zealand and Newcastle to take measures for establishing a Church of England College in permanent alliance with the Sydney University. It is to be called Trinity College. The object is thus explained in the Prospectus adopted by the meeting:— Systematic religious instruction, domestic supervision, and moral discipline, with elementary teaching, and ctlicientassislance in preparing for (he University lectures and examinations, shall be provided for students of the University whose guardians or parents may desire to secure such advantages for them. And thus, while (he acquisition by (hem of all other useful knowledge will be facilitated, and that union of tutorial and pro r essorial systems be attained which is so important in academical education, the great object will be kept in view of instilling into their minds a reverence for the doctrines and tenets of our Church; and learning will he consecrated, as it ever should be, to (he service and honour of God.”

A Wesleyan College, in similar connection with the University, was also contemplated, and the Herald slates that the Subscription List for it had been commenced with a donation of 1000/. There was a report that the Bishop of Melbourne was to succeed the late Bishop Broughton as Metropolitan ; bill nothing was yet certainly known in relation to the ap* point ment.