New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, February 10, 1847.

New Zealand Spectator and Cook's Strait Guardian, Volume III, Issue 160, 10 February 1847, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Wednesday, February 10, 1847.

We have forborne making any comments upon the Bill recently passed for the better government of this colony, in the hope that the Nelson would have brought us out such information respecting it as would have enabled us to fill up the blanks in the Bill, and thereby to consider it as a whole. These expectations being disappointed, we arc unwilling longer to postpone the expression of the general feeling of disappointment which the 'Bill (as far as it is at present known and understood) has created in the minds of all classes of the community. The celebrated philosopher Locke failed in his attempt to manufacture a constitution for Carolina, and we fear that the present Bill will neither redound to the credit nor add to the reputation of its framers. We have, it is true, a most extensive machinery conferred upon vs — -but the moving power is lamentably deficient. We have got all the semblance of a Constitutional Government, but none of the substance. We haye 1 imposed upon us all the forms of the Democratic States of America, — but the vital principle of popular election is studiously withheld. We have, for example a Legislative Council, analogous to the Second Chamber (the Senate) in the States — but instead of being chosen, as in the latter, by almost universal suffrage, its members are to be appointed by the Governor. We have also, like the States, v provincial House of Representatives, but these, instead of being elected by the people, are to be chosen by some dozen or eighteen.aldermen. We have, in addition to all this, a sort of Congress, under the name of a Supreme or General Assembly. Of the constitution of this latter body we know but little, except that its members are to be taken not from the community generally, but out of the provincial House of Representatives. Nay, we strongly suspect that a member will be obliged to pass through the Municipal Corporation, the House of Representatives, and the Legislative Council, before he is deemed fit to become a member of the General Assembly — that he will have

'to be doubly and trebly distilled before he is ►considered sufficiently pure for this last honour. The whole process, in fact, seems to 'be one of distillation, the first step in it being the Municipal Corporation, the last the General Assembly. It is, however, (as far' as the value of the Bill is concerned) what chemists call destructive distillation. Now, if it be admitted that the system of Representative Government >{ which all experience has shown to be most conducive to the welfare of the people) is based upon the fundamental principles, that the proper and sole object of all political power, is the benefit of the community, and that the uniform exercise of political power for the welfare and happiness of the community, can be depended upon only, when it is subject to the control of the people themselves, we cannot understand how Mr. Hawes in introduciag this bill could justify his assertion, that its object was to confer upon the settlers Representative Government ; on the contrary, the chief object aimed at by its framers appears to have been, by divers specious and ingenious contrivances, to prevent the exercise o"f any control whatever over the Government by the people. In France,with a population of 34,000,000 there are only 200,000 electors — these electors being arranged into colleges, which contain from one to three hundred electors each; there are 130,000 places (without counting the army) in the gift of the Government. And what have been the consequences? Why, that these electoral colleges are so entirely under the influence of the Government that there is virtually no representation of the nation. But our constitution is infinitely worse than even the French system. It apparently takes as its model the rotten boroughs of Sarum and Gatton, for it confines the election of the representatives to a body of some twelve or eighteen aldermen. Let any one calculate the appointments at the disposal of the Local Government — to say nothing of contracts and official dinners— and he will at once perceive how all powerful would be the influence, which the Government might bring to bear upon the elections. But even assuming that no undue influence would be exercised by the Government, it is still more than probable that this oligarchy would be directed in their choice of representatives more by their own individual feelings of friendship, than by any considerations of the fitness of the different candidates. Besides this, as it is a principle of human nature, that'(in the vast majority of instances) men will prefer their own interest to that of others when the two are placed an competition —this oligarchy, supposing (as most probably would be the case) that a majority of them had some common interest, would naturally select those candidates who would .promote their peculiar views, without reference to those of the community. The only mode of .preventing this triumph of any single interest, is to bring the greatest possible number of interests into competition— to leave, in short the election of the representatives in the hands of "the great bulk of the people : For we again say, that all history proves that the interest of the community will be uniformly consulted, only when the people are themselves permitted to regulate and control their own affairs. Another very serious objection to this mode of election is, that the interest of settlers in the election of representatives will be very materially diminished. In a single and direct election, every elector may be said to have such an intimate and immediate concern, that he makes it his business to discuss with his fellow settlers the merits of the various candidates — public meetings are held, and the qualifications of the candidates severely tested ; but by this double election all interest is taken away — no one can be certain that the aldermen elected will choose the representatives, for whom he would himself vote. Any influence that he can possibly exercise over the choice of representatives is so remote and uncertain as to render it not worth his while to take any trouble in the matter. Then again, the representatives will be apt to consider themselves responsible not to the great mass of the community, but to the aldermen-electors.

Undoubtedly then, the most serious defec 1 in the bill is, this election -of the representatives by a body of 12 or 18 aldermen. This double election destroys the value of the bill, and is besides utterly at variance with its professed object ; but the absurdity of the scheme becomes still more palpable, when it is considered that a municipal corporation would be, at the present time, not only useless but a grievous incumbrance. We have no occasion for any bye-laws — we want neither paving, watching, nor lighting rates — we have no particular desire to have port dues ; and we frankly confess ourselves utterly unable to contribute to any municipal assessments. The Nelson settlers twice prudently rejected the offer of a corporation. We at Wellington accepted it, bnt had scarcely done so before we discovered our 1 mistake ; and our worthy aldermen themselves were no sooner elected than they saw the absurdity of such a body, and wisely did nothing. They did not even (and we mention it to allay the fears expressed by his Excellency in his despatch published in our last number) engage in any conspiracy against, or attempt to usurp any of the powers of the Local Government. Most assuredly if a corporation was considered useless and injurious in 1843, it is (after all the disasters of the last four years) equally so at the present time. When such a body becomes necessary, it can easily be conferred by the supreme assembly ; but to make the acceptance of the former the sine qud non of our obtaining the latter, appears an act so unjust and illiberal that we cannot believe that such is Lord Grey's intention. -His Lordship is not likely to be guilty of the folly of putting the cart before the horse. The other parts of the bill are so imperfectly sketched out, that it is scarcely fair to criticize them, and we will therefore confine ourselves to one or two remarks. With respect to the Legislative Councils, we confess ourselves unable to discover their utility. If they are established for the purpose of preventing the danger of hasty and inconsiderate legislation on the part -of the representative assemblies, we submit, that the veto possessed by the Governor is of itself a sufficient guarantee against any such risk. Or, if it be urged that the members of these councils will be chesen from those most qualified to discharge the duties of legislators, we must be permitted to remark, that in all probability those most qualified will infinitely prefer to be elected as representatives by their fellow settlers to being the mere nominees of the Governor. As to the provincial assemblies, the same objection applies to them as to the corporations, viz., they will have nothing to do. Until the settlers are in a position to bear taxation for local purposes, Corporations and provincial assemblies are perfectly useless. But the very establishment of these 'councils, assemblies, corporations, &c, will of necessity involve the appointment of such a host ■of officials, that the revenue of the colony will be frittered away in the payment of salaries, without any corresponding advantage being derived. Let us however not be misunderstood. We admit that the principle upon which this machinery is based, is sound. We admit that " in Government as well as in every other business of life, it is by division and subdivision of duties alone, that all matters great and small can be managed to perfection ;" but we deny the applicability of all this machinery to the colony at the present time. When our towns and our districts have increased in wealth and population, when peace and security have been permanently established throughout the land, then local laws and regulations will become necessary, and undoubtedly the framing of these, and the management of all local affairs ought to be confided to municipal corporations, and to provincial or district assemblies. But at present we know of no laws required which might n©t safely be intrusted to, or which do not properly fall within the province of, the supreme or general assembly. The present bill may be said to begin where it ought to end, and vice versd. After these remarks, we need not say that we cordially concur in the opinion expressed to his Excellency last year by the deputation, (and

which opinion was confirmed and adopted at the public meeting), that a single house of representatives elected, not by an aldermanic oligarchy, but by the people, would tend more than any other form of government, to the advancement and prosperity of the colony, and to the welfare, happiness, and contentment of the settlers. When any other part of the machinery proposed by this bill was desired by the inhabitants of any town and district, it could be at once conferred. We repeat that the chief objection to the bill, as it at present stands, is, that it gives us too much of the machinery and too little of the principle of representative government.

The attempt to apprehend'Tetomi has for the present proved unsuccessful ; Rangihaeata, it is said, was not unwilling to give him up, but Kaparetebau and the other rebel chiefs refused to allow him to do so.

The Scotia arrived on Saturday from the southward. We learn from Otakou that the surveys are rapidly drawing to a close, and it is expected that they will be completed in a month's time.

Cricket. — The match between the naval and military officers and persons in the employment of Government on one side and the settlers on the other came off on Thorndon flat as announced in our last. The game was most closely contested and ended in favour of ithe former, who won by twentysix runs. Full particulars will be given in our next number.

Wellington Savings Bank. — Rev. R. Cole, Mr. J. C. Crawford, Mr. R. Davis, and Mr. C. Clifford, the Managers in rotation, will attend to receive deposits at Mr. Ross's office, from seven to eight o'clock on Saturday evening, the 13th JFebruary, 1847, and at the Union Bank of Australia, from twelve to one o'clock on Monday forenoon, the 15th February.