TO HIS EXCELLENCY SIR GEORGE GREY. K.C.B. GOVERNOR-IN-CHIEF OF NEW ZEALAND.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 573, 29 January 1851, Page 3

TO HIS EXCELLENCY SIR GEORGE GREY. K.C.B. GOVERNOR-IN-CHIEF OF NEW ZEALAND.

[From the Nelson Examiner, January 18.] Sir, —At a Public Meeting, held in Nelson on the27tb December, to consider “whether it might not be advisable to recommend certain provisions suited to the requirements of New Zealand, to be Submitted io her Majesty’s - Ministers,” a string of Resolutions was adopted, which have probably by this time become known to your Excellencv. Unable to concur in tbe views embodied in. all these Resolutions, and deeming it proper that on a question of such importance your Excellency should be put in possession of tbe opinions of all clssses of the inhabitants of this settlement, we have felt it our duty to address you to point out the grounds of our dissent from the majority of tbe Public. Meeting, and in a very general manner to indicate our ideas of tbe form of government which would best conduce to the prosperity of the colony. It was with the greatest satisfaction that we learnt that it was the intention of her Majesty’s Ministers to confer upon the inhabitants of this colony representative institutions. As Englishmen, it is the form of government to which we have been accustomed, and which we consider intimately connected with the liberty and greatness of our native land, It was therefore with the utmost interest, but yet with confident expectation, that we looked for the time when the increase of our numbers, internal tranquillity, augmented production, and consequent independence of extraneous support, should induce the British Parliament to confer upon us those privileges which are enjoyed by Englishmen in other pans of the empire. With the utmost regard for the institutions of our native country, we feel that it would be impossible to produce a transcript of them here. We doubt, moreover, whether, if possible, it would be desirable. The Constitution of England is no doubt admirably adapted to the highly complicated relations of society which prevail there. But in this colony we have simpler elements to deal with. Wb have no collision of modern civilization with the relics of rude and barbarous ages. We are commencing from a point a great many centuries in advance of our forefathers. We have the light of experience and accumulated knowledge to guide us. It would be absurd accordingly, (even if it were i

possible) to adhere literally to the modes and practices of the parent state. Some of these it is necessary that we should abandon, and others we must modify. But much still remains that we would wish to copy. The British Constitution is tbe one which in its broad features of rational freedom, caution, justice, and elasticity, we propose to ourselves as a model, and even where not absolutely perfect in theory, we should prefer the adoption of practices sanctioned by time and usage to others which can as yet be regarded as little better than experiments. Our colony is in its veriest infancy : but as it puts forth its strength it will reasonably expect more perfect liberty of action, and will find it necessary to model its form of government to meet conditions and relations of society which it is impossible at present to foresee.

For a country like New Zealand, offering here and there upon its coast tracts available for settlement separated by formidable physical barriers, it seems to us that a form of government which should confer upon the several districts large powers of dealing with all local questions, would be the most satisfactory and efficient. The Municipal, using the word in its widest and most ancient sense, appears to us the form best adapted to the requirements of this country. Provincial Councils do not fulfil the desired end, and are cumbrous, expensive, and ostentatious. For unless the Provinces of New Zealand were multiplied to an amount which would entail upon the colony a ruinous Government expenditure, it would be impossible to divide it in such a manner as not to include within the same limits districts of dissimilar interests. And such districts would require local enactments of a dinerent nature according as their predominant pursuits were commercial, pastoral, or agricultural. Laws framed for the v.hole of the Province would accordingly be found in some degree unsuited to every separate portion of it; an effect which would be still furtner heightened by the isolation of our communities, occasioned by the mountainous character of the country. tO thp VPTV nr —Of .1 ; rt'ai.n/'.'s:' —.T... " * v '****'-« physical as well as social, which distinguish the Northern from tbe Middle Island, to the great extent of natural pasture in tbe latter, and the nearly total absence of native inhabitants, it would almost appear as if they were intended by nature for two separate colonies. But, abstaining from pressing this point further upon your Excellency’s consideration at present, and looking upon New Zealand as at ■ present constituted as one colony, we would suggest that one central Legislature and Executive would be quite sufficient for every purpose of good government. Local peculiarities might be met and satisfied by the municipalities of the districts, the consideration of all subjects of a genera] nature, and affecting the colony as a whole, being reserved for the General Legislature. The employment of steam vessels upon the coast would remove all the obstacles which at present exist to this form of government, and entirely supersede tbe necessity of Provincial Councils, We should very much uncerrate tbe importance of steam communication were we to look at it only with reference to its physical results. A regular and easy intercourse between the settlements would produce moral and physical results of the most beneficial character tr for nothing would more certainly tend to unite the colony together, to lean to broader and juster views of policy, to remove local ignorance and prejudices, to counteract, in short, the narrowness of view and selfishness which never fail to arise iu isolated communities. And steam communication, by practically reducing the size cf the colony, would render the repetition of offices unnecessary, and dimmish both the machinery and expense of Government.

Tbe public meeting of tbe 27th passed a Resolution, by a large majority, in favour of universal suffrage, restricted only by a brief test of residency, and a disqualification in consequence of previous conviction for infamous offences. Believing it to be both just and wise that the franchise in this colony should be libera], we are nevertheless not prepared to go lhe length of universal suffrage. There are many circumstances here which tend to stimulate aud develou the inrelliryence of tbe working man, while at the same time the high remuneration of labour, the abundance of provisions, and the facility with which property is acquired, produce general satisfaction, and give all classes a direct interest in the maintenance of order, and the security of property. But these very circumstances point to a test of citizenship and intelligence which we think it would be unwise to overlook. When the acquisition of property is the never failing result of industry, prudence, and intelligence, it may safely be taken as tbe best test of the possession of these qualities. A small property qualification would include, with few exceptions, all the intelligence and respectability of the settlement, almost all in short

who may be considered bond fide settlers, and would have this further advantage, that it would become a stimulus to industrious and prudent habits by the political privilege which their exercise would be sure to obtain.

Universal suffrage, on the other hand, would admit all newly arrived emigrants, ignorant of the condition and wants of the colony, all those persons of a migratory character whom the formation of new settlements attracts to the harvest of high wages, and all those of whom there is in every community a proportion, who through intemperance, indolence, or other defects of moral character, accumulate no property, and offer no guarantee for the conscientious or intelligent discharge of political duties.

Universal suffrage would, moreover, include all the aborigines of the colony, British subjects as well as ourselves ; while, on the other hand, a small property qualification would include only the more enlightened among them, and those who by becoming the possessors of houses, cultivations, and stock, had given the best proof of their aptitude for civilization.

Another Resolution of the public meeting is in favour of voting by ballot. We cannot admit that in the state of society in which we live any necessity exists for having recourse to secret voting. Ballot cannot be defended on principle, but only on the ground of expediency. But the independence of all classes here is so great, and the opportunities of exercising any undue influence so small, that the expediency argument entirely fails. Secret voting appears to us moreover incompatible witn the spirit of free institutions and the genius of a free people. We conceive that the possession of a vote entails the duty of exercising it in an open manner, while the contrary practice would extinguish political spirit and discussion, and lead to much hypocrisy and mistrust. From the latter part of the second Resolution we feel it equally our duty to record our dissent. We do not admit either the necessity or wisdom of the provision which makes the Governor removeable upon a vote of two-thirds of the members of both houses ; for we hold this direct and entire responsibility of the head of the Executive to the Colonial Legislature in all cases to be a thing at variance with, or at Icaot by ui/ means essential to, the true theory of Responsible Government, and one which in the actual circumstances of New Zealand might occasionally operate disastrously upon the interests of the whole colony. Questions may from time to time arise, involving the rights of the native race, and their relations v ith the colonists, as well as questions not now tobedefined or foreseen, occupying what maybe termed a neutral ground between those usually known as respectively local and imperial questions : and upon all such matters we consider it would not be expedient or fair to stipulate that the Governor should be made removeable by the Colonial Legislature, and therefore entirely subordinate to it. Causes of disagreement and collision between the Governor and the other branches of the Legislature, unless of a trifling and temporary nature, we believe would but very rareiy occur: when they did arise, other and less extreme means might be successfully resorted to for terminating such dissensions, and restoring harmony between the popular and the Executive departments of the Government. In the third Resolution it is provided, that “ every registered elector should be eligible to be elected a member of either house,” the qualification for the Upper House being, that tile elector snail not be less than thirty years of age ; or not having attained that age, that he shall have sat as a member of the Lower House tor at least two sessions ; or shall have held an ex officio seat in either House. On this point we would remark, that there will be much difficulty in obtaining for some years yet the desirable materials wherewith to form two Houses of Legislature, our view of the matter being that two Legislative Houses should consist of persons representing different interests, not influenced by the same impulses, and not subject to the same direct responsibility. If this is not to be had, one House appears to us to be likely to be quite as efficient as two Houses composed of the same class of legislators, and to possess the advantage of being less cumbrous and expensive. We cannot admit, in short, that there is any charm in the mere dividuality of two Houses composed of the same elements. A different mode of proceeding in the constitution of the Upper House appears to us desirable, and we would suggest a higher qualification for its members, who should also be not less than thirty-five years of age, and elected for a term of years twice as great as that of the Lower House. In this, or some similar manner, we would endeavour to secure that caution and maturity of thought which the possession of property and the experience of years bring with them, and at the same time to make the members of that House in some degree independent of those popular im~

pulses which might result in hasty and injudicious legislation. Upon the other Resolutions of the public meeting we do not think it necessary to offer any remark. Some of them embody principles in which we have no difficulty in concurring, whilst to othets we should not wish to be supposed to assent. None of them, however, are cf any great importance at present, and we would forbear trespassing longer on your Excellency’s attention than appears necessary to make you distinctly aware of our sentiments as to the proceedings of that meeting generally. We have done this with some reluctance, and only from a sense of the duty we owe to ourselves, the colony at large, and the British Government. We desire above all things to see conceded to the colony at the earliest possible period a liberal and comprehensive Constitution suited to its present condition, and susceptible of easy and progressive adaptation to that state of greater advancement and stability which we may reasonably hope to see it attain : but having that object sincerely at heart, we could not but deprecate and disavow claims and opinions which appear to us crude and unauthorised, and therefore rather calculated to impede and embarrass, than to assist in its attainment. We respectfully request that your Excellency will forward this Memorial to Earl Grey, the Secretary for the Colonies. And we have the honor to be, Your Excellency’s Most obedient humble Servants,