Thank you for correcting the text in this article. Your corrections improve Papers Past searches for everyone. See the latest corrections.

This article contains searchable text which was automatically generated and may contain errors. Join the community and correct any errors you spot to help us improve Papers Past.

Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image

IMPERIAL PARLIAMENT. Wednesday, Feb. 14. NEW ZEALAND GOVERNMENT BILL. (Concluded From our last.)

Mr. Aglionby hoped that no party feeling would bs indulged on this occasion, but that hon. members on both sides would do their best to promote the welfare of this colony. (Hear, hear.) It seemed to be assumed that the constitution was the work of the House of Commons ; but the constitution was not contained in any bill. An enabling bill was brought in at the end of the session, and it was left to the colonial department to carry out by charter and royal instructions that which was understood to be the wish of the

House. He (Mr. Aglionby) had always feared that the scheme would not work, but he was not sure that it would not have been better to allow it to remain with all its defects and vices rather than cause the great disappointment which the suspension or destruction of thi3 constitution would occasion. Already, probably, it would have been carried into effect, or the necessary machinery put in motion, in the southern part of the island ; and, if not, there would be a grievous disappointment to all parlies there, who had had just within their grasp the means to set themselves free from arbitrary power. The right hon. gentleman (Mr. Y. Smith) said that we must proceed step by step, because the people were not accustomed to our institutions ; why, who were they that had gone out within. the last seven years ? (Mr. Y. Smith. — " I was referring to the natives.") But look at Otakou — now in fact a Scotch colony ; there were not 42 natives. Look at Nelson ; the native inhabitants there were very few indeed.^ In the whole of the Middle Island, as large as England, there were only 1200. With so small a native population there need be no fear in giving the rights in question to the British settlers and to the natives too. (Hear.) It was said, why not displace the constitution and leave the whole responsibility on the Government? But with such a governor as New Zealand had it was well to retain the clause referred to, giving him power to relax despotic government as soon as be could. At the same time it must be confessed that it was placing him in an invidious position. Sir R. Peel. — The right hon. President of the Board of Trade earnestly recommended the House not to waste time in discussion, but at once to resolve itself into a committee on the bill ; but it appears to me that the adoption of the right hon. gentleman's advice has had the effect of involving us in some inconvenience, because those members who were anxious to offer general observations upon the question could better have done so in full house, than upon a particular clause in committee. I wish myself to offer a few observations upon the general question raised by the introduction of this bill. I must confess that the perusal of the papers which have been presented to the House, has left a painful impression on my mind as to the position of affairs in New Zealand. (Hear, hear.) It appears that the native inhabitants of this colony have attained to a high point of intelligence, and that they possess warlike habits, courage, and military skill, which render it most advisable that scrupulous good faith should be observed with respect to all engagements entered into with them. I heard with the utmost satisfaction from the right hon. gentleman, that no assignable difference of opinion exists between Loid Grey and Governor Grey in respect to that most fruitful subject of angry discussion, the settlement of the land question. I take it for granted that the right hon. gentleman has received communications which assure him that no such difference exists. Indeed, in looking at the facts of the case, as presented by the papers, it is hardly possible to suppose that any difference upon so important a point can exist. The construction which Governor Grey has put upon the claim of the New Zealand Company on the one side, and on the case of the natives on the other, is printed in the papers before us — it has been published, and wili be sent to the colony with the consent of the House of Commons, — it will become notorious to the inhabitants of New Zealand, and, under these circumstances, I say it will be impossible to make Governor Grey responsible for the government of the colony if you attempt to put a less liberal and more limited construction upon the claim of the natives than that which he has done. Governor Grey says in his despatch ot April 7th :—: — " I should also observe, that the position I understand to be adopted by the New Zealand Company's Agent, that if tracts of land are not in actual occupation and cultivation by natives, we have, therefore, a right to take possession of them, appears to require one important limitation. The. natives do not support themselves solely by cultivation, but from fern root, from fishing, from eel ponds, from taking ducks, from hunting wild pigs, for which they require extensive runs, — and by such like pursuits. To deprive them of their wild lands, and to limit them to lands for the purpose of cultivation, is, in fact, to cut off from them some of their most important means of subsistence, and they cannot be readily and abruptly forced into becoming a solely agricultural people." The Governor adds these emphatic words : " Such an attempt would be unjust, and it must, for the present, fail, because the natives would not submit to it ; indeed they could not do so, for they are not yet, to a sufficient extent, provided even with the most simpleagricultural implements ; nor have they been instructed in the use of them. To attempt' to force suddenly such a system upon them must plunge the country again into distress and war."

That opinion was published, and would be known by the natives of New Zealand, and, therefore, it is impossible to believe that there can exist any practical difference between the executive and the Governor of the colony upon that point. — (Hear, hear, and laughter.) The coincidence of opinion between the two authorities affords the happiest omen of the satisfactory adjustment of the question. The only observation I intend to make with reference to past debates, is that the former Secretary for the Colonies, my noble friend, Lord Stanley, was most unjustly censured in this House for the construction he put upon the Treaty of Waitangi — a construction which now appears to be usually adopted. — (Hear, hear.) In the present situation of the colony, anything which I say will be offered more in the way of friendly suggestion than with the view of imputing blame to the Government. Her Majesty's ministers must be best acquainted with the state of affairs in New Zealand, and nothing could be more unwise than to embarrass their decision by obligatory advice. In my opinion, the best course to take would be to abolish the present constitution without raising a doubt as to the wish of this House and the Government to establish ultimately representative government in New Zealand. My opinion remains unchanged, that the colony can better conduct its own affairs through representative institutions than we can manage them for it. — (Hear, hear.) If there could exist a doubt upon this point, it must be removed, when we find that the Home Government sent out a constitution to this colony, the very foundation of which — the elective franchise — could not be established because there was not a single native who possessed the qualification we required from him, namely, the ability to read and write the English language. (Hear, hear, and laughter.) I think, then,, that the Government would have acted wisely if they had merely abrogated the existing constitution, and, to leave no doubt as to the future intention of Parliament, had inserted in the preamble a declaration that it was intended to give the colony a new one as soon as the Government had an opportunity of consulting with their Governor, in whom they justly reposed the utmost confidence, as to'the principle on which it should be founded. Why not authorize the Governor to proceed forthwith to establish municipal institutions on a principle of fairness to the inhabitants of all classes ? By these means you would guarantee the free expression of public opinion, and protect one class from injury arising from the undue preponderance of another. — (Hear, hear.) At the same time, I advise you to avoid as carefully as possible saying anything about the principle on which you mean to proceed. — (A laugh.) Wait until you get the Governor's opinion before you say anything about the principles of the British constitution as applicable to New Zealand. — (Hear, hear.) I retain my opinion that municipal institutions, which will give the inhabitants of New Zealand large powers for managing their own affairs, by local taxation for local objects, would form the best germ for free institutions to be subsequently imparted ; and I see no reason why, in many parts of the colony, if not in all, municipal institutions should not be immediately formed. The disadvantage attending the suspension of the constitution during five years is that you will leave the question in an unsettled state during the whole of that time. Would you venture to put in the preamble of the reasons on which you act what is to be found in the information which the Governor has communicated to you. Would you say, " Whereas the Governor of New Zealand, in whose integrity and ability the greatest confidence may be placed, has represented that her Majesty's native subjects in New Zealand will certainly be exceedingly indignant at finding that they are placed in a position of inferiority to the European population ;" and whereas, " at presents the natives are quite satisfied with the form of Government now existing, and as the chiefs have always ready access to the Governor, and their are carefully heard and considered, they have practically a voice in the Government, and of this they are well aware ; but under the proposed constitution they would lose their power, and the Governor would lose his influence over them ; and whereas, whatever form of government it may be determined ultimately to bestow upon the northern colony of New Zealand, it would be desirable, in the first place, that it should not be such as to render it doubtful whether the large native population will submit to it ; and secondly, that so long as the Government has so formidable and numerous race to control, it is necessary not only that he should have the power by his negative of preventing any measures being passed which might result in rebellion, but that he also requires to be in. possession of the active power of carrying such measures as are essential for the welfare and pacification of the native race ?" Those weie the reasons on which the Government are about to suspend the constitution of New

Zealand. What, then, will be the feeling of the native population,- if you hold out to them that there is a possibility of that constitution being re-imposed at the end of five years ? Why run this risk for the purpose of applying a salvo to the pride of a Secretary of State ? — (Hear, hear.) If it be really intended to re- impose the constitution at the end of five years, what, in that case, would be the position of the colony if Governor Grey has accurately described the feelings of the natives ? Let us tell Governor Grey to proceed, in the first instance, to establish municipal institutions, including within them the native population, on fair and just principles, and afterwards communicate with him as to the best mode of applying institutions to the colony on a larger scale. Tell the natives that they shall have free institutions, but do not tell them that the elective franchise you now propose lor municipal purposes is that the Governor should name the electors. I deprecate the candour with which you publish these things. After telling the natives that they would have the happiness of living under the British constitution, you find that you cannot adopt the English principle and you adopt another. You do away with what you first established, and in the meantime you substitute something else. What idea will the natives have of the English constitution, if they regard as the English constitution what you now propose ? — (Hear, hear.) The Governor is to give a certificate of respectability. He is to determine who are to form the elective body, and for che power of " reading and writing in the English language," the Governor is to substitute a certificate of respectability, which is to decide the right of voting. — (Hear, hear.) I believe Governor Grey to be above the ordinary motives by which Governors are actuated. If he were an ordinary Governor he would be unwilling to give the elective franchise largely to the opponents of the Government. — (Hear, hear, and laughter.) The qualification of natives to be electors is so far to depend on the opinion of the Governor, that they possess " the intelligence necessary for qualifying them to take a part in the administration of local affairs." The English would, by tWs proposed regulation, have a right absolutely to the municipal franchise, while the qualification of the natives would be made to depend on the opinion of the Governor. I do not call this the English constitution ;„. and what I complain of is the candour of your revelations. (Hear, hear.) If you give to the executive authorities the power of determining who are " faithful subjects of her Majesty, possessing the intelligence necessary for qualifying them to take a part in the administration of local j affairs," I will venture to say that in nine j out of ten municipal corporations you will make the elective franchise depend on the opinion of the mayor as to the degree of intelligence of the parties and as to their qualification "to take a part in the administration of local affairs." Under such circumstances I will predict the general composition of the elective body. I can foretel that the majority will be in favour of the opinions of the mayor, (" Hear," and laughter.) This regulation is to apply to the natives, and as to foreigners of European origin, it is stated in Lord Grey's despatch to Governor Grey that " these settlers are said to be in general intelligent, as well as industrious and orderly, although they may not be able to read and write the English language ; and, as a general rule, you will naturally grant certificates to all of this class who apply for them, unless for special reasons which appear to your mind sufficient to justify their being withheld." Is such a measure calculated to enable the natives to form a notion of a representative government? (Hear) Ido strongly wish that you should establish the qualification according to one universal principle. If the natives are so intelligent as Governor Grey represents them them to be, and if among the young chiefs there are men of great pride, we shall have not only their courage but their pride to combat, when they begin to understand what sort of constitutional privileges have been conceded to them, when they learn that every Englishman shall have a right to the municipal franchise, and every foreigner, except for special reasons, but that the natives shall not unless they have got in their pocket a certificate of respectability. (Hear, hear.) It would be better, with a view not to offend their feelings of pride, to establish one equitable rule of qualification in which all parties would be embraced. These are my general impressions, which I have stated to the House, with the view of offering my advice, and not for the purpose of embarrassing the Government, for whose difficult position I make allowance. I beg the Government to consider whether it would not be better to make some general declaration for the purpose of putting on record our feeling in favour of the establishment of representative government in New Zealand as soon as possible : to take off the shoulders of ' Governor Grey the incumbrance of this constitution- of 1846, and to let him proceed

at once to the establishment of municipal institutions, making in respect to them no distinction between European and native blood, but dealing with the population as on the footing of British subjects. — (Hear, hear.) Mr. Labouchere considered that the objections of the right hon. baronet would be entitled to great weight if the system proposed by the Government were intended to be permanent ; but such was not the case. With respect to the suspension of the constitution, he believed that it was more in accordance with precedent to suspend rather than to abrogate it. In the case of Newfoundland, where, after a popular constitution was granted it was thought advisable to qualify it, the course taken was not to repeal, but to suspend the constitution, and to enact a temporary one during the suspension. A similar course was taken in respect to Canada, the constitution in the first instance being suspended. In the case now before the House, it was proposed to suspend tbe constitution for five years, at the end of which period the constitution would be, at the discretion of Parliament, subject to be renewed. He thought that the natives of New Zealand would have the confidence that the Government of this country would do them justice. He could not believe that after the House and the Government of this country had shown so wise, humane, and politic a feeling towards the natives of New Zealand, there would, on the part of the original inhabitants of that colony, be entertained any unfriendly disposition towards this country because they had merely suspended the constitution for five years ; neither, on the other hand, could he believe that the Government of this country would refrain, during those five years, to apply their minds anxiously to the subject, and to consider what might be the best institutions to be given to the population of New Zealand, which should secure to them the permanent enjoyment of that constitutional freedom which was possessed by all classes of her Majesty's subjects. Captain Harris thought it was a great misfortune that there was no Colonial Secretary in the House, for, had the Secretary of the Colonies been capable of hearing the arguments of the right hon. baronet the member for Tamworth (Sir R. Peel), and the arguments which had been urged by other hon. members against the course that was being pursued by her Majesty's Government, he believed that the Colonial Secretary would have given way on this point, and have repealed the constitution, instead of allowing it to stand over for a term of five years. It was impossible to read the despatch of Governor Grey without seeing that he deprecated as distinctly as he could the idea of a constitution at the present moment for New Zealand. Every argument was urged by him against the promulgation of a constitution ;; — not in direct terms, indeed, but in such language as made it quite easy to see which way bis judgment leaned. But, while he (Captain Harris) was opposed to the immediate adoption of a constitution, he was favourable to the formation of municipal institutions. He believed they might work with great utility. The Chancellor of the Exchequer observed, that the right hon. baronet the member for Tamworth was rather facetious upon the power which it was proposed to confer upon the Governor of New Zealand, of granting certificates to persons of good character, although they could neither read nor write English ; and the right hon. baronet seemed to think that the conferring of such a power would place the Governor in an exceedingly invidious position. Now, by referring to the papers, it would be seen that this very power which his noble friend (Earl Grey) proposed to give to the Governor of New Zealand was at the request of Governor Grey himself. The v/ords of the despatch of Earl Grey to Governor Grey were: — "It (the certificate) will apply, in the next place, to the natives occupying tenements within the limits of the boroughs, and it was with a view to these that the restriction was originally conceived. — i With respect to them, you have recommended in your despatch of the 3d of May that the Governor should be empowered, from time t-o time, to name certain natives who should have the privilege. It is the object of the additional instructions which you will receive to carry into effect this recommendation ; and, accordingly, the granting or withholding certificates to the natives will be a matter on which you must exercise your own discretion, both as to any general rules to be established, and as to their application to particular instances." Mr. H. Drummond thought it was necessary that the House should state plainly and distinctly whether they were going to repeal or to suspend the constitution. You do not go to tbe^e people, the aborigines of New Zealand, with clean hands ; you have already acted falsely toward them. You began your connexion with them upon the assumption (which you taught them to understand) that the whole" country belonged to them, save

what you purchased from them, and then you turned round and said to them, — " No, the whole country belongs to us, save what you have actually cultivated by your labour." A greater species of oppression and fraud was never practised by the most arbitrary and wicked Government that ever existed. Mr. M. Milnes said it was really impossible to avoid seeing how very unfounded was the assertion which the hon. gentleman had just made. Every one knew that, as far as regarded all the southern part of the northern island, and all the middle part of the southern island itself, no one single chief, holding or pretending to hold any possessory right whatever, was a party to the Treaty of Waitangi. Let that Treaty be considered as solemnly and as absolutely binding as any Treaty could be, still it could only refer to those chiefs who individually signed it. It was as impossible to givj to that engagement any force in regard to other chiefs, as it would be to make an engagement entered into by the Queen of England binding on the King of France. With regard to the observation which Lad fallen from the right hon. baronet, the member for Tamworth, he (Mr. Milnes) could not help feeling that it came with no very good grace from one who, when at the head of the Government, refused to give a constitution to white colonists, to reproach the present Government with not being absolutely inclined all at once to include the whole native population of an uncivilized island in the provisions of a new constitution proposed to be granted to the European colonists established there. No native population ever had the same consideration extended to them as the natives of New Zealand ; but it would be a very dubious question whether the proper way to deal with them would be to invest them with the same rights and privileges as Englishmen. But the reason why Governor Grey thought it necessary to suspend the constitution was, that the natives, in some parts of the island, were so powerful and so intelligent, that it would not be safe to put the constitution in force there. He saw no* thing either in the constitution itself, or in the suspension of it, which would authorize him to object to the line taken by her Majesty's Government. He approved of the constitution because, as his right hon. friend, the former member for Nottingham, would have said, it was no priggish imitation of the English constitution, and it appeared to him to be eminently adapted to New Zealand. In, the southern part of the island the constitution might be put in force at once, and he believed that Governor Grey had both the power and the will to do so. MV. Brotherton objected to any further proceeding that night with the comnuittee, as it was past twelve o'clock. ' Mr. Labouchere expressed a hope that his hon. friend would have a little mercy, if only for half an hour, in order that the bill might be got through committee that night. Sir R. Inglis said, that unless the doctrine were held in that House — a doctrine which he hoped never to hear maintained — that right depended upon might, be should continue to hold that the rights of the brown man in New Zea^nd were at least as sacred as those of the white man. So long as the Treaty of Waitangi was appealed to as a binding treaty in favour of her Majesty, he was bound to say that the chiefs who were not parties to that treaty were still in possession of sovereign power. Mr. Hutt said that the relation in which he stood to settlers and other inhabitants of New Zealand, was such as. to render him disinclined to allow this discussion to close without making some observations upon the subject before the committee. It was no light matter to suspend the constitution of New Zealand, but he hoped that the Government did not intend the suspension to continue for so long a period. Five years in the history of a colony was a period of greater length and importance than those who were unaccustomed to such subjects were apt to imagine. The intelligence of this suspension would be received by the colonists in New Zealand with suspicion and regret, and he did not think that this bill would be held any consolation by them. He did trust that the Government would seriously consider, after the passing of the present bill, the necessity of giving the British people of these islands a constitution such as they had a right to expect. After a few words from Mr, Scott, The remaining clauses of the bill were then agreed to, the House resumed, and the Chairman brought up the report.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/NZSCSG18480819.2.7

Bibliographic details
Ngā taipitopito pukapuka

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 319, 19 August 1848, Page 3

Word count
Tapeke kupu
4,392

IMPERIAL PARLIAMENT. Wednesday, Feb. 14. NEW ZEALAND GOVERNMENT BILL. (Concluded From our last.) New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 319, 19 August 1848, Page 3

IMPERIAL PARLIAMENT. Wednesday, Feb. 14. NEW ZEALAND GOVERNMENT BILL. (Concluded From our last.) New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 319, 19 August 1848, Page 3

Help

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert