New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, August 31, 1850.

New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 530, 31 August 1850, Page 2

New Zealand Spectator, AND COOK'S STRAIT GUARDIAN. Saturday, August 31, 1850.

In discussing the question of Representative Institutions it is to be observed that, while the Americans have established population as the basis of representation, while they determine that a district or territory shall have at least five thousand free male inhabitants of full age resident within its limits before it shall become entitled to a local legislature, the amount of European population appears to be with Sir George Grey, in reference to this subject, a question of subordinate importance. He does- not ,stipu- .. late that there shall be a _givea number of persons properly qualified to exercise the elective franchise resident within the Province before Representative Institutions are conferred ; all that he asks is that time shall be allowed for establishing the peace of the country, and for the advancement of the natives in civilization, so as to guard against the recurrence of any future interruption to its progress by disturbances among them, on making these important changes in the form of the Government of the colony. So that if we can conceive so great a misfortune to New Zealand as the continued existence of the Company during the next three years, doing nothing, and by its baneful influence preventing anything from being done by the Government ; although immigration should continue at its present slow rate ; if the natives remain quiet and the peace of the country be undisturbed, at the appointed period these important changes will be made. The electoral qualification fixed by Sir George for Europeans is also much more liberal than the American, in fact it almost amounts to universal suffrage. In the Act of Congress previously referred to the qualifications for an elector are stated to be "a freehold in fifty acres of land in the district, having been a citizen of one of- the -States, and being resident in the district ; or. the like freehold and two years residence," while a representative is required to hold in his own right in fee-simple two hundred acres of land, to have been a citizen of one of the United States three years, and to be resident in the district ; or to have resided in the district for the same period. In the outline of the form of Government proposed by Sir George to Earl Grey he recommends that the right of voting should be given to such settlers as have either an estate in freehold in possession, in lands or tenements, situated within the district, of the value of £30 ; or who are householders within the district, occupying a dwelling within the limits of a town of the annual value of £10, or in the country, of the annual value of £5. To this he has added an educational test ; the right of voting is to be conferred only on such of the electors as can read and

write, and it must be admitted that those who are unable to do either are but ill-qua-lified to exercise this privilege, or to under, stand those questions which may be influenced by it. For representatives he has proposed no qualification. But our readers hardly require to be informed that Local Legislatures composed of members elected by the people, although they form an important part, do no constitute the whole of what is understood by Representative Institutions ; they are not, by themselves, the | Alpha and Omega of Self- Government. Unless the principle of Local Self-Govern-ment be extended throughout the community, it is possible for an elective Legislature, acting with a centralized authority, to exercise a degree of arbitrary power inconsistent with, and repugnant to,, general freedom, and, under the specious, na«ne of liberty, , the community might- suffer from the despotism of the majority. " Municipal Institutions," says de Tocqueville; "are to liberty what primary schools are to science; they bring it within the people's reach, they teach men how to use and how to enjoy it. A nation may establish a system of free government, but without the spirit of municipal institutions it cannot have the spirit of liberty." It might be supposed that the men who are so clamorous for liberty in this settlement, would at least be desirous of extending this spirit of local self-government in the community, that they would accept the power, from whencesoever derived, as an important concession ; at all events that they would not oppose it. Yet these very men who boast of being the advocates of freedom, by a mixture pf folly and inconsistency not often to be met with, have interfered to prevent its introduction into this settlement. The Town Roads and Country Roads Ordinances, passed in the last session of the Legislative Council, conferred this power on the community, a few factious magistrates resisted these Ordinances because they were passed by a"- Nominee Councils and prevented them 1 from being brought into operation on the plea that it was an attempt to tax the settlers without representation. Now this plea is untenable, inasmuch as these Ordinances did not levy any tax, they simply gave the settlers the power of managing their local affairs. They gave the settlers the power of electing in the different Districts as their representatives, Commissioners, who were authorized to levy rates for the repair of the roads and for making other improvements, and to insure the efficiency of these officers and to make them responsible to their constituents it was enacted that the Commissioners should be elected every year. They also gave the settlers the power of compelling the absentees to contribute towards maintaining those roads, and bearing their share in the expense of those improvements by which their property is so greatly improved. The objection to Nominees, therefore, comes with a very bad grace from men who are themselves Nominees, but of aa inferior degree, since the members of the Legislative Council, though nominated by the Governor; are confirmed in their office by the Crown, and can only be removed by the. authority of the latter, while the magistrates are appointed by the Governor, and are removable at his pleasure ; the members of the Council are empowered to make laws, the magistrates are only entrusted with the execution of them. The best proof Mr. Fox (through whose opposition chiefly these ordinances were prevented from coming into operation) can give that his dislike of Nomineeism is sincere, and not assumed for factious purposes, is to cease to be a Nominee himself by resigning the office of magistrate, as he would that of agent of the Company, if he were actuated by an honest zeal against overpaid public officers, and irresponsible government.

The last Government Gazette contains a number of careful and elaborate Reports on the state of the Native Population in this Settlement by Mr. Kemp the Native Secretary. We shall take an early opportunity of laying a summary of them before our readers.