IMPERIAL PARLIAMENT. Wednesday, Feb. 14. NEW ZEALAND GOVERNMENT BILL. (Continued from our last.)

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 318, 16 August 1848, Page 3

IMPERIAL PARLIAMENT. Wednesday, Feb. 14. NEW ZEALAND GOVERNMENT BILL. (Continued from our last.)

Now I will not read those parts of Governor Grey's despatch which treat of the vices of the new constitution. Havibg expressed my own opinions I need not repeat those expressed by him, which entirely coincide with mine. But I trust this system of uniformity will not be made a ground lor persisting in the present course, for I cannot help jointing out to the House that long before this bill now before us can have posssibly arrived in the colony the constitution, bad as it is, will have been established in the southern portions. I alluded just now to the giving of a temporary substitute for a constitution. When the present Government succeeded to power, the right hon. gentleman opposite, v.ho is now Chief Commissioner of the i oor Law Board (Mr.' C. Buller) was said to be about take upon himself a kind of araateu r position in the Colonial office. Had such been the case, I should.be almost inclined to attribute to him the production of this constitution — (hear, hear, and a laugh) — and that he had, forgetting his former character of a director of the Nevr Zealaud Company, been cutting a joke after his former fashion, for which he was at one time so famous, at the expense oi the New Zealand colony. For I never met anything wearing a more facetious appearance than this constitution, grafting as it does members nominated by the Governor on elected members in a legislative council, and forming altogether a device which seems to hold out to the colonists the semblance of representation whilst retaining the substance of powe r in the hands of the Government. I think you are attaching a very unfair responsibility to the Governor. You place him in this position : If he thinks that the colony is unfit for any form of representative government, he is to suspend this constitution according to his own discretion — he is to carry out your legislation at his discretion — so that the whole responsibility, legislative and arbitrary, is to be thrown upon him. — (Hear, hear.) But I think that the great objection of all is the uncertainty in which these changes will place this unhappy colony. — (Hear, hear.) You began by sending out a fine new fangled system, based on what I may call the ascending principle, while we are now called upon to go on the descending principle. At first we had a system gradually ascending through the legislation of a provincial legislative assembly, a provincial legislative council, up to a general legislative assembly and a general legislative council. "Whereas now you are about to give the whcle power in the first instance into the hands of the governor, and to authorize him, acting with the authority of bis legislative council, to grant, if be thinks fit, to those who are not otherwise entitled to it, the elective franchise to the legislative council. lam bound, however, to say that the noble lord at the head of the colonial department appears to me to be fully aware of the inconvenience of this course which he recommends. He distinctly exp; esses himself to that effect in the despatches and I think the right hon. gentleman (Mr. Labouchere) will have some difficulty in shbwing that the course proposed is in accordance with a sound system of self-government — that this plan of delegating to the governor and council the entire antbority of granting or withholding

those institutions is a necessary step, or in fact is one that will not impede instead of assisting the result which we are all anxious to attain (hear, hear). I have already alluded to what appears to me to be the unfair responsibility that is to be thrown on the governor. These are the words of the noble lord in which he alludes to the nature of that responsibility: — " With the insight which former despatches have given you into the views of her Majesty's government, and with your own knowledge of the requirements of the community under your charge, you will be able to carry into effect these general directions so far as their execution depends upon yourself. For instance, if when you have received this despatch you should have already constituted the provincial assembly of New Munster, the powers of that body will be inevitably arrested for the present by the operation of the Suspending Act. In that case you may consider •it advisable that the legislative council should exercise the powers conferred upon it, by keeping on foot the already constituted provincial assembly, and conferring on it those powers of legislation which would belong, according to the plan explained above, to the provincial legislative council. If, on the other hand, the provincial assembly of New Munster should not have been already constituted, you may consider it advisable that the legislative councl for that province should contain, nevertheless, some admixture of representative members, which you may deem it best to withhold from New Ulster, Lastly, should you, for any special reasons, esteem the establishment of provincial councils premature, and that the legislative functions of the general ccuncil are sufficient for the wanfs of the colony during the interval which is to elapse before the charter comes into effect, you can exercise your discretion on this subject also." So that after laying down various different principles he throws the whole responsibility on the discretion of the Governor, who is at the same time fettered with a declaration of opinion as to v/hat is probably the best course to be pursued. Now I for one do not object to leaving great responsibility with the Governor, but I think that the noble lord ought in the first instance to have left that responsibility with Governor Grey, with a view to his recommending what course he thought most practicable and advantageous to the colony. — (Hear, hear.) What I complain of is, that "the responsibility should be given in this way — in a way which may place the Governor, when these despatches are promulgated in the colony, in the position of being either forced to perform what he believes to be his duty against the wishes and views of the inhabitants, or else of neglecting his duty, in order to accede to their wishes. — (Hear, hear, hear.) I began, sir, by stating what I think are the objections to the basis of this complicated representative system ; and though this ma.ter is not touched on very largely in the bill, yet I find that the noble lord appears to have seen the error of his ways on the subject, and that he has entirely withdrawn the portion relating to the franchise for the municipal corporations, which had been so strongly objected to by practical men before the constitution first left this country. I find, by the fifth clause of bill — and here I may remark that the clause gives a most unfair and unsatisfactory power to the Governor (hear, hear, heai), that it is provided as follows: — "And whereas by the said first-mentioned instructions the said Go-vernor-in-Chief was directed to divide certain parts of the said islands into municipal districts, and to constitute within such districts municipal corporations, consisting of a mayor, court of aldermen, and common council, and of burgesses possessing the qualification prescribed by the said h^st-mentioned instructions in that behalf ; and whereas it is expedient that the said qualifications should be subject to regulation as hereinafter mentioned ; be it therefore enacted, that it shall and may be lawful for the said Governor-in-Chief, from time to time, by and with the advice and consent of the said legislative council, by ordinance, to depart from the said first mentioned instructions, in so far as the same relate to the nature and extent of the qualification, and to make and ordain such other or further rules and regulations, with respect to the nature and extent of the qualifications for burgesses in the said municipal districts, or any of them, or in any particular case, as the said Gov^ruor-in-Chief, by and with the like advice and consent, may think proper ; anything in the said first-mentioned act, letters patent, or instructions tb the contrary notwithstanding." So that, as explained by the despatch of Earl Grey, which I shall now read, the power is given to the Governor of regulating the franchise itself. Lord Grey says — " That franchise is vesied by the charter in every male person occupying a tenement within a borough. It is now proposed to confine it to tenements of such value as the legislative council may fix as qualifying to vote. The franchise is also by the charter made subject to the following restrictions ; — That it is not to be enjoyed ' by any person not able to read

and write in the English language.' " Now the noble lord seems wedded to this most extraordinary provision in a rather unaccountable manner. It is the only one, I believe, of the original regulations that has not been rescinded either by the act of Parliament or by the instructions which the noble lord has sent out to the Governor ; but instead of rescinding this provision, as I think the noble lord would have acted most wisely in doing, he has by retaining it regulated the franchise in a manner which in this country would belooked upon as the most unconstitutional thing in the world. — (Hear.) The noble lord goes on to say — " I have upon the whole, thought it best to advise not that this charter should be altered by removing this restriction, but that you should have a discretionary power to dispense with it. You will therefore be empowered to grant to such persons as you may consider to deserve that privilege, certificates that, although they may not be able to read and to write the English language, they are good and faithful subjects of her Majesty, possessing the intelligence necessary for qualifying them to take a part in the administration of local affairs ; and the possession of such a certificate will entitle the occupier of a tenement of adequate value, though he may not be able to fulfil the condition of reading and writing the English language, to be placed on the register of the borough, and to exercise his franchise." So that except as regards these two points, of the amount of money qualification which is to constitute a vote, and the qualification as to reading and writing the English language, the power is given to the Governor, to the representative of the sovereign in the colony, to regulate its franchise as he pleases. — (Hear, hear, hear.) He may grant or refuse licenses to vote as he pleases, and though if Governor Grey chooses to exercise this discretion there is no doubt but that it will be exercised wisely and well, still, I would remind the House that Governor Grey is not immortal, and that this measure is to be carried out when a Governor less experienced is to succeed him. — (Hear, hear.) It is to be acted upon also, it appears by the Lieutenant- Govei nor of the colony, who, though no doubt a man of ability and judgment, has not had an opportunity of displaying the same intelligence and skill as Governor Grey. I think it is therefore most unwise to give such a discretion to any one man. I now, therefore, turn again to that which I believe to be the proper remedy, both lor the original error and for the defects of the constitution. I return to that point with which I started, and I again repeat, that with a view to speedy and effective legislation on this subject I think it would be far better to withdraw this bill altogether ; to bring in a bill with a single clause repealing the act of 1846, and then to bring in another measure, with a view to legislate on sound principles for the Southern Province, and ultimately for the Northern Province, providing for them such a constitution as would give satisfaction to the colony and enable the Governor to fulfil the duty which devolves upon him. — (Hear, hear.) It is certainly not my intention to suggest to the right honourable gentleman any amendments, or to point out any omissions that should form part of that enactment. In this course I am acting in conformity with the example set by the noble lord, who, when he sat on this side of the House as Lord Howick, recommended the course to the House which I now take. I agree with the noble lord on that occasion, that I think it is desirable for us when we think that what has been done is wrong to condemn the past, but that it would not be wise for any individual member of the House to suggest what precise course it is best to take with regard to the future. I, therefore, confine myself simply to these recommendations th.t I have already thrown out, being confident that the course I recommend is most likely to attain ultimately the object at which we all seek to arrive. I feel that I have most imperfectly brought the subject under the consideration of the House, but at the same time I have this justification, that I have not made use of some of the documents with which the noble lord has provided us, for I cannot but feel that the colony was in a very critical position at the time the late despatches were sent, and I for one would be very sorry to do anything that might complicate the difficulties that exist instead of remedying them. If, therefore, I have but imperfectly pointed out the evils which I apprehend from the course that has been pursued, the House must attribute my failure, in the first place, to my inability ; and secondly, to my unwillingness to allude to matters which might aggravate the difficulties of the colony. — (Hear, hear.) I can assure the right honourable gentleman that though I have felt it to be my duty to comment severely on the errors which I think the noble lord committed in framing the original constitution, I have not done so is any other spirit than a sincere desire to see these errors corrected.' -And let me implore the right honourable gentleman — whether he con-

sents to my proposal or not — whether he and the noble lord at the head of the Colonial-of-fice should on reflection consider it better to repeal this constitution rather than suspend it, or not — let me implore of them, as they value the peace of this colony, as they value the well-being of those who have left this country under the faith of the promises held out that representative institutions would be accorded to the colony — of those who have gone 16,000 miles from their homes, and who are living at this moment in a state of the greatest suspense* on that subject which is most painful to all men — namely, under what system of government they are for six months more to exist — I say, under all these circumstances, let me implore of her Majesty's Government to take this question into their most serious consideration, and not remain contented with five years' suspension of the constitution, under the belief that they may wait for these five years before they again take the subject under their notice. Ido hope, as regards the interests of ti .is important colony — which has been rightly characterized in this Houseasone of the most interesting that this country has ever possessed — that her Majesty's Government will take it into their most serious consideration, not this constitution, but one much more suited to the colony, and much more likely to be permanent in it 1 * effects than this is likely to be. — (Hear, hear.) Mr. Labouchere assured the nobb lord that, if he did not address the House at any great length upon this occasion, he meant no discourtesy to him, nor was he insensible to the importance of the subject ; but many of the topics which the noble lord had touched upon must come under discussion in the committee, and he was most anxious, after so much time had been occupied in a former discussion, that they should make some pro* gress to-night. The noble lord began by adverting to the land question, and said that he was not entirely satisfied with the statement he (Mr. Laboucbere) had made on a former occasion. He had no wish to revive the discussion, but he was prepared to assure the House, both upon the authority of public despatches from Governor Grey, and from private letters from him, that there does not exist between his noble friend (Earl Grey) and Governor Grey the smallest difference of opinion upon this subject, and that they were acting together with the most cordial unanimity of sentiment. He had an extract of a letter from a missionary in New Zealand (dated Auckland, Sept. 2, 1847), who was known to his lion, friend the member for - South Essex (Sir E. Buxton), in which, writing after the communication made to Governor Grey, he said — "In my last I told you that I had had an interview with Governor Grey on the subject of the instructions lately sent out here by Earl Grey in reference to the waste lands of the natives, and that his Excellency had told me that he considered those instructions as referring only to such lands as have no claimants, and not in any way touching the Treaty of Waitangi." He was glad to say — it having been his painful duty on a former occasion to say that he could not acquit the Bishop of New Zealand of indiscretion, though be joined with what he then said a just tribute to the high character and services of that right rev. prelate — he was glad to be aMe to express, on his own part and that of Earl Grey, their gratitude to the right rev. prelate for the exertions he had made towards adjusting the claims to the waste lands, a question which he believed would be brought to a satisfactory issue. He would now advert to some parts of the speech of the noble lord, and first to his main objection to the government of New Zealand. The greater parfr>of the speech of the noble lord consisted of a reprobation of the constitution which had been sent out to New Zealand. Considering that this was a bill for suspending the operation of that constitution, he did not think it necessary to enter into any controversy with the noble lord upou that subject, though he thought he could show that the constitution was not liable to all his objections, At the same time it appeared from the letter of Governor Grey that it was not suited to the present circumstances of New Zaland. The noble lord, in criticising the constitution sent out to that colony, should take into consideration the difficult situation in which the noble lord was placed. He received the seals of the Colonial-office at the close of the session of Parliament, and found that his predecessor in office had recognised and recorded the imperative necessity of giving free institutions to the colony. (Hear, hear.) His noble friend was therefore obliged to bring forward a bill late in the session, and if that bill was not quite suited to the circumstances of the colony there was some excuse for it. The moment the noble lord was aware of the error, he informed Governor Grey that he would. propose a bill for the suspension of the constitution. It was somewhat remarkable that the noble lord said, that the constitution was universally blamed by all who were in the colony at the

time it wa* sent out, yet he said he had broken lei h with the shrewd Scottish settlers, who had gone cut to New Zealand on the fa th of enjoying the benefits of the constitution. The Earl of Lincoln said, this was not what he had stated ; he had said "a" constitution, not "this" constitution. Mr. Labouchere. — The noble lord said that (he settlors had not gone out under the faith and promise that they shou d have this very constitution, and that they would not quarrel with a better constitution. But there was no difference between tbe noble lord and the Government as to the propriety of not carrying into effect this constitution. Looking to the circumstances of the colony ; considering that they had to deal with bodies of 'warlike natives as well as numerous European settlers, in the opinion of Governor Grey, tbe institutions proposed by his noble friend could not be carried into effect with safety. The noble lord (Lord Lincoln) recommended that the bill of 1846 should bo repealed, tbe conttitution withdrawn, and a bill, embodying the present free institutions for New Zealand, should be immediately introduced. He differed from the noble lord as to this plan. He understood the noble lord to say that, with respect to the southern division or New Zealand, the act should be at once repealed. He differed from the noble lord in this respect. It was suggested to and determined by her Majesty's government, and (though he admitted it ,)vas an unusual course, and that it gave a grefit discretionary power to the Governor of New Zealand), he thought it the safest and wisest plan, to give to the people of New Zealand, whether native races or British settlers, such free and just institutions as should be deemed consistent with their own interests and safety. He thought this object would be best attained by the course proposed by the Government than that advocated by the noble lord. It was true the operation of the constitution was suspended for five years ; it was not proposed to Tepeal it, because the Government thought it but right- that the House of Commons, having promised free institutions to New Zealand, should not part with the power of controlling the executive : but should oblige it to come before them again, either to alter and amend the constitution at present impracticable, or at some future time to allow it to come into operation. In the meantime the Governor had power given him, by the best and safest means he could, devise, to prepare the people of New Zealand for free institutions hereafter. Under this power the Governor would be able, as slowly or as rapidly as he thought advisable, to introduce as much or as little of the popular element into the government as might be beneficial. This discretionary power could be better exercised by a governor on the spot, than by a government at a great' distance, which could not mete out exactly the measure of popular freedom that could safely be trusted to mixed races ; in doing so, it must be under an apprehension of furnishing them, not with the means of obtaining peace and security, but weapons of discord and conflict with each other. — (Hear, hear.) The noble lord said, at least, they should give free institutions to the southern part of New Zealand. — ("Hear, hear," from Mr. Aglionby.) Governor Giey certainly stated that the southern portion of the colony, where the majority of the population Was white, and tbe aborigines few, was fit for a constitution ; but, even with regard to this part ot the settlement, it was belter to leave a discretionary power to the Governor. By the last accounts it was shown that, though peace was restored to the north of the island, it was not wholly re-established in the south. It was stated by Captain Grey that the people of the south were ripe for free institutions, but not for that form of them given by this constitution. — (Hear, hear.) He says in his despatch, " I think it right to mention that, even ip the south of the island, I did not contemplate immediately so extensive a change in the constitution of the colony. I thought a council, over which the Governor presided, composed of official and non-official members, the last electeJ by the inhabitants, would, in the present circumstances of New Zealand, have been tbe form of government best suited to the wants of the people." This was just the sort of constitution the Governor would have the power of introducing immediately in the southern part- of New Zealand. The noble lord had termed it a hybrid, an un-Engli&h constitution ; but it was one not unknown to their colonial policy. He did not defend it as a good permanent system of government, but it was not a bad preparation for it. — (Hear, hear.) He was astonished to hear the noble lord make this objection, as he believed he was a member of the Cabinet when Lord Stanley sent out just such a hybrid constitution for the colony of Newfoundland after be had suspended a more popular one. It was very much the kind of constitution that obtained at an early period in the colony of Guyana — if was tbe sort of constitution that existed in

New South Wales — it was, therefore,- not unknown to their colonial policy. The bill would empower the Governor, in the first place, to increase the number of his legislative council; it was thought desirable that be should be able to surround himself with men of the best experience in the Colony ; the Governor and council thus reinforced would be enabled, though not obliged, to constitute, for one or both divisions of the island, provincial councils with as much or little of the popular infusion in them as they may think fit. The noble lord attached great importance to the development of municipal institutions, as a fit preparation for the exercise of political rights. The bill did not interfere with the establishment of municipalities ; they would still be formed, and give the people the preparation desired. He had stated the rea&ons why the course recommended by the Government was preferable to that suggested by the noble lord, which he felt bound to oppose. Some other topics adverted to would be better discussed in committee. It was of such importance that a decision on the bill should be come to immediately, that he hoped the House would not delay its progress beyond the time absolutely necessary for Us discussion. The Hou&e then went into committee, Mr. Bernal in the chair. Clauses 1, 2, and 3 were agreed to without -discussion. In clause 4 an amendment was introduced by Mr. Labouchere, making the divisions of the island under the act revocable, should it be necessary to alter the boundaries. On the clause being put, Mr. Gladstone said he quite sympathized with the right hon. gentleman's anxiety to proceed with 'the bill in committee, and he did not mean to trouble it with any amendment. But he wished to point out some things that appeared to him defective in the framing of the measure. In the first place, with regard to its suspending the constitution, iather than wholly repealing it; the right hon. gentleman supported this arrangement on the ground that, having held out to the people of New Zaland the brilliant promise of free institutions, they ought not to do anything that might raise a doubt of the intention to carry that promise into effect at the earliest possible moment. He did not think the bill of 1846 had done much to forward the cause of free insiitutions in the colony. He believed the principle had made rapid progress in this country, and il was the opinion of those best acquainted with colonial affairs that wherever there were not strong reasons against their immediate application, free institutions offered the best chance for the happiness and prosperity of the colonies. (Hear, hear.) But the manner in which the bill of 1846 was conceived and passed, and the circumstances attending its present suspension, bad not, he thought, done anything to promote free institutions; they had rather tended to disparage them. Every one must have peiceived from the letter of Governor Giey, that the promulgation of this constitution must have been a source of danger to the peace of the colony. Whether from an idea among the natives that powers were placed by it in the bands of the -white settlers to a degree dangerous to them, or from their own exclusion from the privileges of the constitution, by the operation of the provision respecting reading and writing the English language, it must be admitted that its mere promulgation was a source of danger to the peace of the island. The suspension of the constitution would leave this ground of alarm still existent. Though there was an alleged advantage in keeping it on the sfatute-book till a more practical scheme could be framed, rather than in abolishing it, yet when they reflected on the immense importance of tranquillizing the mind of the natives of New Zealand, he had thought the wisest course would have been to repeal the act of 1846. But they now came to those clauses, the purpose of which was to enable Governor Giey to draw up regulations in lieu of the constitution of 1846. Now, he did not very much disapprove of this plan of the Government, by which Governor Grey was to be empowered to draw up and act upon provisio lal institutions which perhaps might contain some infusion of the electoral principle; yet this was imposing upon Governor Grey a greater amount of responsibility than they had a right to throw upon him, or upon any other functionary similarly circumstanced. Governor Grey had not requested such powers from her Majesty's Ministers ; he had not prayed Parliament to sane tion the imposition on him of any such responsibility. If, instead of compelling him to take the whole'weight of the government of the colony upon bis own shoulders, in addition to the duty of legislating for that volony, they had conformed as nearly as possible to his wishes, they would, as they ought to have done, have taken some of the responsibility off his hands. As regarded the northern pact of the colony, they had made piovision for the appointment of a Legislative Council, consisting partly of official aud partly of non-official persons; for the south there was to be a Legislative Council, consisting not only of official and non-official persons, but also of some elected members in addition. He had not heard any hon. member say that the Ministers of the Crown in pursuing that course were acting in accordance with the wishes or the requests of Governor Grey. Instead of proceeding conformably to his suggestions, they called upon him to open the whole question afresh. They created increased difficulties by forcing upon him a larger grant of powers than he had ever requested. Governor Grey never asked for a uniform measure applying to the whole of the colony. It was his opinion that the north and south ought each to have a system of its ovyn, and be could not understand, wlien the distinction between the two important divisions of the colony had been pointed out by Governor Grey, why that distinction could not be followed in framing the bill. Instead of complying with the reasonable

wishes and requests of Governor Grey, what did her Majesty's Ministers do? They threw on him the whole responsibility — they called on him to deal with the matter single handed, and told him that if the distinction were to be drawn he alone was to do it. Now, he (Mr. Gladstone) very much doubted the wisdom cf the course, carried out as it was to he through the agency of a bill by which Ministers confessed their own impotency. He would not say that the powers to be granted to Gavernqr Grey were too great for him to wield ; but he thought that the Government here at home were not called upon to repose in any colonial Governoi so large a confidence as they seemed determined to, force upon Captain Grey. They would have done much better if they had confined their confidence to the limits which Governor Grey had himself prescribed. Mr. Labouchere contended, as before, that the wisest course was to send out to the Governor at New Zealand the mpst complete powers with which an Act of Parliament could invest him. AH were agreed that whatever was done must be of a temporary nature, and he therefore thought that they could not do better than repose in the Governor on the spot the ample confidence which, under the bill, it was intended he should possess. He hoped the House would agree with him when he said that the course which the Government had taken was the best that, under the circumstances, they could adopt. The announcement of the new constiUition had excited apprehensions : evidently the proper and most effectual mode of quieting those fears was to postpone the carrying it into effect, and in the meanwhile to grant the Governor of the colony the most ample powers that the necessity of his position could possibly require. Already the effoits of the Governor had quieted the irritation, and when five years should have passed away, all cause of alarm would probably have disappeared. Mr. Disraeli called upon the House to look at tlie Mstory of these transactions, for they were most remarkable. A Government hastily formed in this country thought there was a demand for free institutions in a distant colony. A constitution was drawn up ; it was sent out with a view of being put into immediate practice ; and that it had not been put into immediate practice was altogether owing to the judicious conduct of the Governor on the spot; and now with respect to the bill which they were then considering in. committee, the Government at home recognized the existence of responsibility, and saw that there was an evil to be corrected; what was their remedy ? They pursued a course the exact reverse of that which Governor Grey recommended them to follow; they threw the entire responsibility on the Colonial Governor, and took none of it themselves. As to the great ability of Governor Grey there could be no doubt, but that formed an additional reason why the Government at home should assist him by shaiing his responsibility, and not lay ' the consequences of every step on his shoulders. No doubt great powers were imparted to Governor Grey in authorising him to watch the development of a new constitution, in which it was said that much had been conceded to the wants of the inhabitants; but by the present bill he was deprived of all that; and the only remedy which the Ministers of the Crown were able to produce was the bill, which, by investing Governor Grey with more power than he asked, rendered the performance of the duties assigned to him more difficult than, under other circumstances they might have been. The board very naturally said they had great difficulty in passing over the objections which the noble lord the member for Falkirk had urged. Under the influence of feelings somewhat softened by official reminiscences, that noble lord did not wish to prosecute his objections too strongly. But let people, for a moment, reflect how the business of this Colony was carried on : a member of Government who was understood to entertain many abstract and theoretical opinions upon questions of this class, made his debut by drawing up a constitution, which he sent to a distant colony, which appalled that settlement, and the British authority there was only saved by the discretion of the Governor on the spot from absurdity so flagrant which might have proved most ruinous. It was understood that Governor Grey was only to assist in developing a colonial constitution, and thus was the present piece of legislation produced by one of the most enormous errors that had ever been committed. He had no means of knowing more about New Zealand than other members of that House ; but, judging from the papers that were circulated amongst tjiem, he could not doubt that that Colony was made the scene of more flagrant jobs than perhaps any other possession of the British Crown. He honestly confessed that he felt some interest in the proceedings with respect to New Zealand — he was curious to witness the answer the right hon. member for Taunton would give to the objections to which the bill was open — the house had heard what appeared to him the most astonishing answer that could well be imagined — the right hon. gentleman appealed to the House to hurry into committee on this bill in such a manner as would lead any one to suppose that the noble lord was re-~ tarding the prosecution of important public business. From that, who could suppose that not eighteen months ago a Secretary of State sat down in his chair, and coolly drew up a constitution, which he sent out to a distant colony, which, when it arrived there, it was impossible to carry into effect without losing the allegiance of the Colony ? New Zealand was a most interesting Colony, but a Colony which was unfortunately known to the people of this country chiefly by the grants of public money which at the fag end of a session were generally proposed in order to repair the blunders of ministers. Some hon. gentlemen would probably remember that at the end of the last Parliament they were called upon, in a thin house, to grant a considerable vote of money in order to silence claimants who had suffered from the mal-administration of the Colony. And how was this session of a new Parliament commenced ? By the introduction of a bill to suspend the constitution of New Zealand. That constitution was acknowledged by the Government themselves to be a thing too ridiculous to defend. Why then suspend it ? He could only account for it on the great principle of English law, that everything should proceed upon a fiction. They were going to introduce that principle of the ancient society of England into the new Colony of New Zealand. The colonists were to be governed, they we/c to have legislative councils, they were to have provincial councils; but these institutions were to be established upon one great assumption, — that there was a constitution which had been suspended. 'Why, he would ask, should they introduce into this new, this simple, this primitive society, such a degree of enormous

lying ? Was it an ingredient that was necessary in suqh a state of society? He could account for it, and could vindicate it in a state of society like that which existed in this country. It was not ten years ago that a man could not seek relief for a common jury in a court of law, without feigning to be in a position in which he could never by any possibility be placed ; but there was no reason why they should introduce a system of such falsity into a new Colony. Why should the whole political and legislative system of New Zealand depend upon an assumption which everybody knew to be false — the assumption that the inhabitants of New Zealand were in the full enjoyment of a constitution which had been sent out by the Secretary of State, and which was now in existence ? Was there any body in that House who supposed that the New Zealandeis would ever enjoy the constitution which was promulgated at the end of 1846, that they would ever submit to the regulations of that crude conception which was now embalmed in the legislative museum as almost unprecedented for its audacious absurdity? He considered that they ought not to pass the bill now before the Hojise without freely expressing their opinions with respect to the suspended constitution of New Zealand. That suspended constitution was an enormous absurdity, perpetrated by a government who ought, at least, to have come forward to acknowledge their error. They ought to have asked the House to abrogate and repeal that great blunder. They might have said, "We "have a good case ; we succeeded to power in the most unexpected manner ; we suffered from the errors- of a minister who was expected to do something ; forget all this, and now let us do what we can to effect what is best for New Zealand." This would have been an intelligible position; the House would have understood it. They would have said, " We forgive and pardon these errors, but the only compensation you can afford us is to provide that the future arrangements for the government of this Colony shall at least be conceived in a prudent and practical spirit. You are attempting, by this bill, to save the reputation of an individual minister. Save his reputation, if you can, by your arguments and by your appeals, but do not drag the House of Commons, by a fiction, to be the means of vindicating an absurdity, the most gross that has been perpetrated for a long series of years, and the great evil of which is, that it leads, by the bill you have now placed on the table, to future consequences, which we shall soon have to acknowledge and again to rectify." He (Mr. Disraeli) would have supported the noble lord the member for Falkirk, if he had called upon the House to testify its opinion upon the main question ; but, if no division took place, all he, Mr. Disraeli, could say was, that he liad expressed his own views on the subject, and that he was satisfied, from what had before occurred with regard to the government of New Zealand, that there was a great probability that he and other hon. members would soon have an opportunity of again offering their criticisms to the House. Mr. Y. Smith would not attempt to vindicate the constitution which had been proposed for New Zealand, but he must ask the House to remember the course which had been pursued with reference to this subject. In 1846, Parliament sanctioned an act which gave the Secretary of Stat;e for the Colonies the power of promulgating a constitution for the Colony. In pursuance of that power the noble lord at the head of the Colonial Department sent out the constitution which had been the subject of observation ; but that constitution had been printed, and was lying upon fhe table of the House during the session of 1847, and he was certainly surprised that the hon. member for Buckinghamshire, and the noble lord the member for Falkirk, had not then remonstrated against those defects in the constitution which they appeared only just now to have discover • cd. He (Mr. Y. Smith) objected to this bill, on the ground that it did neither one thing nor the other, — that it did not give absolute power to the Governor, and that it deprived him of powers the loss of which was calculated to cramp his action. He recommended the Government to withdraw the fifth clause of this bill. The fourth clause left a power and discretion in the hands of the Governor-in-Chief, as to whether he would appoint provisional legislative [ councils ; but the fifth clause, which directed the Governor to divide certain parts of the island into municipal districts, left him no discretion with regard to the appointment of municipal corporations. He certainly thought that the municipal system proposed to be established in New Zealand — however desirable municipal corporations might be as a first step towards the establishment of representative institutions — was not the best that could be devised to meet the circumstances of the Colony. He considered that the regulation with respect to voters, by which certain parties were to vote as a matter of right, while others were required to produce certificates of qualification to entitle them to the privilege, was calculated to cause much ill feeling and dissatisfaction. A constitution (to borrow an apt phrase) must be " a work of time, and not the invention of ingenuity ;" it was a thing to be introduced gradually. Therefore, the fifth clause in this bill, enabling the Governor to alter the regulations as to the nature and extent of the burgess qualification, would not meet the case. Governor Grey was one of the wisest, most vigorous, and most discreet Governors we had ever had ; the existence of the Colony, and its connection with this country, depended mainly upon him ; it was unwise to oblige him to establish institutions when we did not know that he approved of them, or whether he could safely carry them into effect, and when we must leave him, at the same time, a most odious discretion. — (Hear, hear.) Mr." Labouchere believed that the fifth clause, when under discussion, would more properly raise the question which had now been made ; but he had no objection to advert to it at once. It was said, that it would have been right to give Governor Grey the discretion to determine whether municipal institutions should be introduced or not. But, though the bill was framed on the principle of giving Governor Grey a very large discretion, this seemed a matter which might be determined here. He did, indeed, object to the municipal institutions being introduced in the form originally proposed, but a] 3 his objections would be met by the modifications involved in the powers now proposed to be given to him ; he was to have power to dispense with the qualification of " ability to read and write English,? and to modify the elective franchise ; and belieyjng ? that, with these modifications, municipal institutions might, with perfect safety, be introduced into New Zealand at once, he (Mr. Labouchere) must resist the proposal to throw the discretion on that subject upon the Governor. — (Hear, hear.) (To be continued.)