REPORT

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 574, 1 February 1851, Page 3

REPORT

SUBMITTED TO THE PUBLIC MEETING, WEDNESDAY EVENING, 29th JANUARY. Report of the Committee appointed at a Public Meeting held at Wellington on the 15th November, 1850, on the form of Constitution which it is desirable to suggest to the Home Government for adoption in New Zealand:— 1. Your Committee has been appointed for the purpose of considering what form of Constitution is best adapted to secure the advantages of SelfGovernment to the colony of New Zealand; and to aid you in suggesting to her Majesty's Ministers the principles which it is conceived ought to be introduced into the measure which they have expressed their intention of bringing before Parliament in the ensuing session; and the following are the conclusions at which your Committee have arrived 2. That by die term Self-Government is to be understood the absolute control of all the internal affairs of the colony, without any interference whatsoever on the part of the Imperial Government, either by means of a veto on Local Legislation reserved to the Home Government, or by the power of initiating or regulating such Legislation by Royal or Ministerial instructions. To tliis end it is essential to provide for die responsibility of die Executive by making their offices dependent on their retaining die confidence of die colonists. 3. That further, to ensure Self-Governmeut, it is essential that all Legislative power on local matters should be vested in a Chamber or Chambers entirely elected by the colonists, without ttie presence in it of any nominees of the Crown, the Governor only possessing, in his local capacity as one of the estates of the Legislature, a relo on measures passed by such Chamber or Chambers, to be exercised by him of his independent will and on his direct responsibility and that of his local advisers, without reference to her Majesty’s Ministers, or the Colonial Office, and uttguided by any instructions from either. 4. That all acts of Local Legislature should take effect immediately on passing or at such other period as may be fixed by such acts, aud when passed should not be liable to be suspended, postponed, or revoked by any other authority than that of the Legislature passing the same. 5. That the Governor be appointed by the Imperial Government, but removable on an address to the Crown from two-thirds of the members of the Legislative Chamber (or of each Chamber if more than one). That the term of office should be five years, but renewable with or without increase of salary, at the option of the Home Government. 6. That the Governor being an officer appointed by the Imperial Government and maintained in a great degree for Imperial purposes, should be paid by the Home Government. That the appointment of all other officers of Government should vest iu the Governor, but their salaries (with the exception of the Judges’) should be voted annually by the Legislature, no civil list whatever being necessary, in the colonv and none therefore to be reserved.

7. That the Judges of the Supreme Court should hold their offices during good behaviour, being removable only on an address to the Governor from two-thirds of the members of the Legislative Chamber or Chambers ; on presentation of which address the functions of any Judge should ipso jacto cease, the Governor be bound forthwith to declare his office vacant, and take immediate steps to fill the same with some other fit person. The salaries of the Judges should be paid by the Legislature from time to time, but not be liable to reduction or abolition during tenure. 8. That the following subjects of legislation and administration are Imperial and should not be under the control of the Local Government ; nevertheless it. should be competent for the Legislative Chambers to discuss the same aud address the Imperial Government thereon. 9. That if any question shall arise between the Home Government and the Local Legislature, or such question shall be raised iu litigation by private parties, as to their respective jurisdiction on any matter which shall not clearly fall within the above specified exceptions the same shall be referred to the decision of the Supreme Court in the shape of a special case, with a right of appeal to her Majesty’s Privy Council, a course which inasmuch as the members of such tribunal are appointed by the Crowu, can, it is conceived, be open to no objection on the part of the Horne Government. 10. The question of u double or a single Cham-, her is one which has undergone much discussion by

your Committee. It is believed by them that a single Chamber consisting entirely of elective members might for some years to come prove efficient for all purposes of legislation, aud on the whole they would for the present prefer a Legislature consisting of only one Chamber. But they are aware that elsewhere under the most free Governments, a second Chamber has been found desirable if not es - sential, and moreover they have not failed to observe that a well supported and decided opinion in favour of two Chambers is entertained by the most enlightened Colonial Reformers both in and out of Parliament. In deference to this opinion and in full conviction of the utility of a second Chamberat no remote period, your Committee have come to the conclusion that it would be unwise to allow even the appearance of disunion on so important a point, and would recommend the adoption at once of au elective Upper House, which however should not have power to originate any money bills, such being reserved exclusively as the privilege of the Lower House. 11. That the period for re-election of the Lower House should be three years—for the Upper five.

12. That Parliament should be summoned for the despatch of business at least once in every year. 13. The question of the Elective Franchise is one of the greatest importance, and has undergone much consideration by your Committee. 1. As regards the European inhabitants of the colony— Your Committee believes that the requisite qualifications for the proper exercise of political power are very widely extended, aud generally possessed in the colony; that there is no class of persons of European origin whose moral or intellectual defects would render it unsafe to entrust them with a vote for Representatives in the Legislature, while almost every adult male has some stake in the colony, and an interest in its stability and general welfare. Your Committee are also of opinion that it never can contribute to the general prosperity of the colony, or the contentment of its inhabitants, to restrict political privileges to any one class or limited section of the colonists. In a colony like New Zealand there is little prospect, for years to come, of the existence of any considerable number of large landed proprietors, or possessors of any great wealth of any sort, The distribution of property is, and is likely to continue for many years, very equal, comparatively with older and larger communities; while no class will be found which does not possess some substantial property, or at all events the means and the prospect of speedily acquiring it. Any qualification for Electors which would be a: all restrictive in practice, would confer exclusive powers of Government on a very small portion of the colonists, creating an oligarchy to whose rule the bulk of the people would not submit; while if you at all extend the franchise beyond this narrow pale, what you sive virtiiallv amounts to universal suffrage. The franchise proposed by Sir George Grey, in the opinion of your Committee, amounts to that. Is it not better then to designate things by their right names, and when you give what amounts to universal suffrage, to call it so? A great advantage, of your doing so would be your getting rid of the rating and registration necessarily attendant on a property qualification, and which are productive elsewhere of so much party heat and contention—to say nothing of the possibility of the Executive Government exercising an unfair influence on the Elections by means of the rating which must necessarily be left in its hands. Your Committee, therefore, recommend that no other qualification for Electors should be required than to be a male of adult age, b.ave resided twelve months in the colony, and not. being subject to disqualification by crime aud conviction, as hereinafter provided. The opponents of universal suffrage, object the danger of the colony being at some period inundated by u class of immigrants possessing no stake iu it, and otherwise unfitted to be entrusted with political power, aud who by mere numbers may outvote the longer resident and better qualified electors. Such au evil consequence is said to exist in the United States of America at present, where it is alleged that many newly arrived immigrants of the lower class, and the loeofoco population of the Slave States exercise a prejudicial influence. But while it must be admitted that such a state of things is to be deprecated, no tendency towards it is apparent at present iu New Zealand, nor do we anticipate its occurrence at any future period; while the evils of an oligarchy, the only alternative for universal suffrage, would be immediately felt. What is wanted is a Government suited to our present wants, which may facilitate the immediate progress of the colony ; aud though in framing a Constitution we would not discard, all foresight of the future, yet neither would we adopt a form of Government uusuited. to our present wants merely to preclude some remote and theoretical possibility of evil. Your Committee believe that, while the population consists of the same sort of material as at present, not only may it be trusted with political power to tlte fullest extent, but that the greater the extension of such power the greater would be the probability of its active aud effective Government. Nor do your Committee consider it a conclusive argument against universal Suffrage, that if a limited franchise be bestowed at first it cau always be afterwards enlarged, but that an extended one cau never, if once given, be afterwards narrowed. The difficulty of enlarging a narrow franchise your Committee consider as little if at all less than that of limiting an extended one. None are so slow to admit others to a participation of power as those who already possess it, and history records numerous instances where an extension of political liberty perfectly just aud expedient for the general good has only been achieved by great political convulsions. Among a people of less solidity of character than the English, the Reform Bill would scarcely have passed without an appeal to arms. The late French revolution received its chief impulse from the attempt on the one hand to restrict, and on the other to extend the franchise; and had a sufficiently extended franchise been bestowed in 1839, that event would not probably have occurred, while the latest news from Europe reports the withdrawal of the franchise without a revolutionary movement from some 7,000,000 out of 10,000,000 of the French, on whom it had been bestowed. Your Committee consider it safer at once to extend political power to all classes in the colony now fitted for its exercise, than to sow the seeds of immediate discontent and future contention by limiting the franchise though only for a time. That considering the large convict population of some neighbouring colonies, and the system of conditional pardons lately introduced unto one of them, and seeing tliat the Home Government perseveres in the practice of sending convicts in one or other to these seas, it is prudent to guard against the consequences of a possible influx of a commercial* pa-

pulation. To deprive a man for ever of political privilege because he has once been convicted seems unnecessary, rigorous, and more than the emergency requires. The end aimed at might in the opinion of your Committee be attained if it were pro ■ vided that no person who had been convicted anywhere of a transportable offence shonld possess the Elective Francise—till he should have resided in the colony for seven years, without being again convicted of an offence of the same degree. Your Committee are favourable to an Educational qualification, as a matter of theory; but in the present state of the colony they think it inexpedient. There are many good colonists, intelligent, and possessed of property, who, owing to the defective state of Education in the parent country have received no schooling; and who would be excluded by such a test though otherwise every way qualified. At a future period when a sound system of general education shall have been established in the colony and in operation for a sufficient time, your Committee are of opinion that it may introduced with advantage. 11. The question how far the Native Race should be admitted to political privileges requires much consideration. Their total ignorance on almost every subject of knowledge which qualifies for the exercise of political rights—their entire want of acquaintance with the nature and principles of the British Constitution, the whole force and power of which they have been accustomed to regard as vested in the Governor and his executive officers or in the Queen and her deputies—the fact that the idea of Self-Government by means of the legislative* of deliberative assemblies constituted by a Representative and Elective process has never been presented to their minds—the facility with which they might be used to influence elections—these and other considerations suggest great caution in deal ing with the question. Nor can your Committee conceal from themselves the fact that owing to causes over which the colonists have no control the the Native Race is fast becoming extinct, and that there is no prospect of their becoming as a body sufficiently enlightened for the exercise of political privileges before the period of their extinction shall arrive. Nevertheless your Committee are willing to admit them to some participation in political privileges provided sufficient guarantees be given against the possibility of the superior intelligence of the Europeans being overbalanced by the ignorance of the uncivilized race. A qualification ought to be required sufficiently high to restrict the privilege of voting to the few natives who form exceptions to the general barbarism of the rest, and, this your •Committee would leave the responsibility of fixing to the Home Government. But whatever qualification may be thought proper your Committee feel bound to protest in the strongest and most determined manner against the proposal to make the Native franchise rest upon a certificate of fitness to be granted by the Governor a power which it is evident would enable that officer to influence the elections at pleasure.

14. Your Committee are of opinion that the qualification for members of the Lower House, ought to be the same as that of eleetors—adult age and -12 months-residence.—lf the Franchise-be conferred on those who are fitted to exercise it, why should they be limited in tbeir choice of representatives ? This is to give and io withhold at the same time. If there be any doubt of the probability of a given class exercising a sound discretion in electing Representatives, withhold the privilege if you will; but ■do not while you profess to confer the privilege, render it nugatory by restricting the field for its exercise. To do so would not be to confer Self-Go-vernment, but to confer the power only of deciding by what members of one class all classes should be governed—a shifting of a portion of responsibility on to the shoulders of the latter, while all power is in fact bestowed on the former.

As regards a distinctional qualification for the Upper House, the true grounds of such ought to be superior intelligence and experience. Your Committee do not consider that either wealth or age are at all sure criterions of superior fitness for the duties of legislation, and they doubt whether it might not be safely left to the electors to promote to the Upper House the true aristocracy of talent The mere fact of such a House being constituted for the purpose of being a check on the Lower, and the greater independence created by its longer term of election, would ensure a certain amount of conservative tendency in its members; and your Committee conceive no distinctive qualification necessary beyond five years residence in the colony, which they would require for the purpose of ensuring a probable higher degree of acquaintance with its affairs. xuuus oi me coiony ought to be placed at the disposal of the colonists, to be administered in such manner as to the Legislature may from time to time seem fit. 16. The foregoing are the points which your Committee consider essential to any Constitution intended to confer on the colonists the realities of Self-Government All matters of detail, such as open or secret voting, electorial districts, and such like,* should be left to the Legislatures themselves. Go uiso should the question of Municipal Government, the machinery of which it will probably be found necessary to superadd, but which is a purely local question, and therefore to be disposed of by the Local Legislatures. The form of Government now proposed supposes the abolition of the present cumbrous and costly system of Provincial Government, one which seems to have been formed with no other object than the increase of patronage, and the extension of the influence of the head of the Executive Government. 17. That the Colonial Parliament should have full power from time to time to alter and amend the Constitution, in all particulars, except those reserved for Imperial jurisdiction, or withdrawn from colonial control in clause 8 of this report. 18. four Committee think it necessary to express their cordial concurrence in the general provisions of the measures proposed to be introduced into Parliament by Sir William Molesworth in the shape of amendments to the Australian Constitution Bill of last session, with tire exception of the qualification for Representatives. On the subject of the elective franchise Sir William Molesworth has not expressed an opinion; but, whether it may be, that of your Committee is, they trust, sufficiently clear, and it is a point on which they entertain no doubt and are not inclined to advise any concession. Your Committee have also studied with care and increasing admiration the excellent speeches of the 110,1 • Baronet delivered in Parliament on the great Question of Colonial Reform, and thev are desirous of expressing their full concurrence in the general views contained in them, and their anxious desire to see his suggestion adopted by the Imperial Legislature.

19. In conclusion, your Committee express their great regret that the departure of Mr. Godley (one of their number) for the Canterbury Settlement has prevented his taking an active part in their deliberations ; he is therefore in no way responsible for any suggestions contained in this report. His sentiments, however, on the general question of the entire independence of the colonies on all local matters are sufficiently known, and were so forcibly expressed at the Public Meeting at which your Committee was appointed, as to leave no doubt of his concurrence in the suggestions on that head, though unconsulted on the * of detail into which your Committee have entered.