FORMER SUGGESTIONS TOWARDS THE GOVERNMENT OF NEW ZEALAND.
Under this head is printed, in the New Zealand Journal of the Ist January last, a paper dated sth Oct., 1846, and signed by Mess. Cargill, Halswell, Moreing, and E. J. Wakefield, containing suggestions on the subject of the New Constitution, which was sent by them to the Colonial Office. As the writers express their belief that their views will be approved by the leading members of the settlements with which they are connected we have thought fit to make such extracts from this paper as would afford our readers an opportunity of forming an opinion upon it, Our first extract relates to, the Municipal Corporations.
The settlements now existing in New Zealand, are scattered at a considerable distance one from another ; and the next settlement which is likely to be founded, that of the Free Church of Scotland, is intended to be placed at Otakou, four hundred miles from the nearest of the others. From the varying nature of the country, and the different classes of colonists who are likely to proceed in large bodies from this side of the world, each body to found a distinct plantation, the settlements may, in a short time, vary as much in character and circumstances as they are actually distant from one another. We may here, again, instance the proposed Scotch colony, which will consist entirely of emigrants from Scotland, who are as little acquainted with the details and forms of English law as the English settlers of Wellington and Nelson are with those to which the Scotchmen have been accustomed. We may remark that, while discussing the details of the proposed institutions, we have discovered that these colonists are not acquainted with the duties of a Coroner or of a Recorder, at any rate under these names. In some other points the difference will be equally striking. We can conceive, for instance, that a much lower rate of franchise would secure as desirable a class of voters among the Scotchmen as could only be attained by a high rate among, the mixed British population of the Cook's Strait settlements, which already number many immigrants from the neighbouring penal colonies, and which may probably be lor the next few years subject to such immigration. A colony such as has been proposed in particular connection with the Church of England, to be founded in the plain of Wairarapa near Wellington, might require certain local institutions different from those of its neighbour. A still more striking instance would occur, if the success of the few French colonists, who have taken root at Akaroa in Bank's Peninsula, should encourage others to follow them in large numbers, willing to submit to a general British allegiance, provided that they may enjoy, in their own particular locality, the peculiar usages and privileges to which they have been accustomed in their native country. Again, one community may, from its position, be almost exclusively pastoral, another agricultural, and a third manufacturing or commercial ; while present appearances promise that some districts may derive their prosperity in great measure from miuing operations. We are inclined to believe that the toleration of these distinctive features in the different plantations of a new country will be productive of no mischief ; but that, on the contrary, each separate community will flourish the more, and even contribute the more to the general prosperity, the more it is allowed to manage its own affairs in its own way. We conceive Burke to have been of this opinion, when he wrote the wc-ds quoted by Sir Robert Peel in the debate on New Zealand, during the session of 1845, praising the Municipal Institutions which laid the foundations of representative government in our old colonies of North America, and which still exist in the United States under the name of "townships." We have reason to believe that Governor Grey is so far of our opinion that be has recommended the division of the present general government of New Zealand into as many subordinate governments of the same form, each with a Lieutenant-Goveruor and Legislative Conncil, as there are separate settlements. He has already, indeed, introduced the great improvement of publishing the revenue and expenditure of each settlement, separately from the general accounts of the colony ; and he promised the inhabitants of Nelson that he would "eventually recommend a local council, with powers to enact laws, subject to the approval of the Governor, in accordance with the wants and wishes of the settlers ;" thus almost advocating the establishment of a Provincial Assembly, rather than a mere Municipal Corporation, in each settlement. We therefore earnestly desire that each distinct settlement or "township" should have power to make all laws and regulations for its own local government, not being repugnant to the laws of Great Britain, or to thpse of the General Assembly on the nine points reserved for its jurisdiction, by section 7th. of the Act, or to those made by the Provincial Assembly for the peace, order, and good government of the Province in which it is situated, as provided for by the sth section. We fear that under the present' Act such powers could not be at once given to " Municipal Corporations" constituted here by letters patent, as they would exceed those "which in pursuance of the statutes in that behalf made and provided, it is competent to her Majesty to grant to the inhabitants of any town or borough in England and Wales in virtue of such statutes."— (sect. 2.) But if we are not mistaken in conceiving that it would be expedient to grant such extensive ppwirsj for local, purposes, to the I
"Municipal Corporation" of each separate settlement, we can suggest a means by which this may be done without exceeding the limits of the Act. — The " Municipal Corporations " may be constituted at first only for the purpose of electing members to a Provincial House of Representatives, and the Provincial Assembly may then legislate for the powers to be enjoyed by each separate corporation, or may pass a law to the effect that these bodies shall hay» the power of legislating on all local purposes, such legislation not being repugnant, &c, as before recommended. We are the more impressed with the expediency of some such arrangement, because we are convinced that it is essential to secure in each settlement the services of the leading colonists as officers of its corporation, since those officers are to choose the members of '.he Representative Chamber of their Provincial Assembly. The colonists who are most fit for this important trust might be unwilling to exercise it, if with its exercise were coupled the necessity of acting as common councilman or alderman of a Borough, confined in its powers like those of England and Wales. We should even desire to see a provision for the erection of any one or more " Municipal Corporations" into a separate Province, as soon as it or they should apply for it, and could fairly show an ability to provide the necessary civil list. We imagine that the power of enacting such a change might be vested in the General Assembly, subject of course to the approval of the Government in England, like all its other measures. This provision would at any rate act as a remedy, should it be found that too many communities wsre included in one Province, and that the Provincial Assembly was legislating for matters beyond the powers of the particular Municipal Corporations, which could be better managed by persons more immediately and locally interested. To give an instance, it would be desirable that Otakou should, upon its application for the change, and production of evidence that it could provide its own civil list, have a right to be separated from an Assembly consisting of members from many communities of different character from its own, and legislating at a distance of four hundred miles for matters comparatively local: — or again, Nelson might complain of being taxed by a Provincial Assembly which should include it along with Wellington and New Plymouth, for the expense of making a road between the two latter settlements. We are anxious that, if possible, the settlements in the north part of the islands should enjoy the same civil rights as those which are to be granted to the southern settlements. We should regret to see any use made of the 9th section, which provides for the continuance of the present form of government in the northern part of the islands until 1854, should such a course appear advisable. We are aware of the difficulties arising from the fact that extensive tracts of land iv their neighbourhood are held by individuals under title from the Crown, so as to obstruct a system of colonization similar to that pursued in the Company's settlements. And we are aware that what is termed the "native question," in that part of the country where the natives, credulous in the intrinsic value of the waste lands which they have learned to claim, and indisposed to submit to British authority, are very numerous, may prevent the immediate establishment of Municipal Corporations legislating for the local wants of extensive districts like those in the south. But we would suggest that " Municipal Corporations" be established in the northern districts, within boundaries at first as small as the Governor (with whom the settlement of the "native question" rests) may think fit to determine, but that within these necessarily circumscribed boundaries the inhabitants should receive privileges of local selfgovernment similar to those of the south. The boundaries might be afterwards extended as the natives might either abandon their immediate vicinity, or request to be admitted within the pale of British law. We cannot refrain from expressing our doubts as to the expediency of the proposed election of members to the Provincial House of Representatives by the officers of the Corporations. We freely own that we should have preferred two distinct elections, one for the officers of the corporations, and another for the Representatives to the Assembly. But in proportion as larger local powers are granted to the Municipal Corporations, and these bodies .thus become in fact, if not in name» inferior Provincial Assemblies, our mistrust of this rather novel provision diminishes. If the officers of the Corporation aie to perform duties such as those of an alderman or common councilman of an English town or borough, we object strongly to their having a main voice in choosing members for the Provincial House of Representatives, because, as we before stated, the best colonists will not have consented to perform the ungenial duties in order to secure the vote. . Bat
if the "Municipal Corporation" possess thd "township" powers which we have above recommended, its offices would confer sufficient dignity and importance to induce the best colonists to accept them ; and they, being the 4lite, as it were, of the general body of the electors, might, without disadvantage, be empowered to select the representatives. (To be continued.)
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New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 300, 14 June 1848, Page 3
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1,833FORMER SUGGESTIONS TOWARDS THE GOVERNMENT OF NEW ZEALAND. New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 300, 14 June 1848, Page 3
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