The Southland Times. FRIDAY, AUGUST 28, 1868.

Southland Times, Issue 1011, 28 August 1868, Page 2

The Southland Times. FRIDAY, AUGUST 28, 1868.

The constitution of the Legislative Council, or as it may be termed the Upper House, it has long been felt, was formed on a wrong principle. Conceding that in order to check hasty legislation a second chamber is required , the formation of that body should more or less betake of the representative character. The Legislative Council of New Zealand possesses no such attributes. It is an assemblage of nominees of the Crown, to revise the legislation of the representatives of the people. It can be packed by a Governor for the purpose of obstructing the passing of distasteful measures. The evils likely to arise from the existence of such a body are great. We find that many members of the Council are also government servants, and consequently not altogether free agents. It ia in this particular that the Legislai tive Council of this colony materially differs from that of the House of Lords. The Upper Chamber of the British Parliament, is composed of men of high birth and ample means — men independent of any government, and uninfluenced by party intriguing. Such a body of men would be in a position to debate any question impartially, and express their opinions fearlessly. In those colonies that possess a nominee Upper Houae no such freedom of action can be expected. Every member owes his seat to the patronage of some Minister, present or past, and is more or less a partizan, and those members who hold government appointments, are compelled from their equivocal position, either to vote with the government of the day, when an important question is before the House, or absent themselves at the time of the division. The defective Dature of the Legislative Council appears to be acknowledged by those who have watched its operations. Mr Stafford's " Disqualification Bill" i s evidently intended to purge both Houses of Parliament of the official element. It is a tacit acknowledgement that the nominee system is not workable. In the Council itself there is an evident disposition, to question the fairness of its composition. On 7th inst, Colonel Russell moved, " that a respectful address be presented to His Excellency the G-overnor, stating that in the opinion of this Council, the North Island is very insufficiently represented in the Legislative Council." Mr Holmes very plainly showed that if the nominations -c to be made upon any other system '■hat of caprice or favoritism, the could not expect, and was 4 to an increase in of members for ~ T e intimated that ; 'c Council was deas the hon. "There was 'han any J ; ... r that ; ■■•■■•■- ■.■■••■ .■■■ ■ y

respected their relation with the other branch of the legislature, he would have found in him an eager adherent." He then Bhowed, from the latest published statistics, that with respect to population, cultivation, exports, and wealth, the North had a larger number of representatives than it was entitled to. The motion was lost by a large majority.

In the course of the debate the evils arising from the system of nomineeism were freely discussed. The hon. member (Mr Holmes) stated that he knew of a seat in the Council having been offered to a gentlemen encumbered with conditions as to the way he was to vote, and he indignantly refused the offer. The Hon. Colonel Kelly, in reference to this statement, said — "There is a rumor afloat that another gentleman proffered his services upon the conditions mentioned by the Hon Mr Holmes." The whole of the speakers appeared in favor of a reform in the constitution of the Council, but no one appeared clear as to what that reform should be. There can be no doubt but that a nominee Council is liable to great abuses. It throws an amount of patronage and political influence into the hands of the ministry of the day which they should not possess. It destroys the independence of the members and must sooner or later lead to a collision between the two Houses. The question to be considered is an important one — is there any use in having a Council at all ? and if one is necessary how should it be constituted ? "We are disposed to adopt the opinion that a Council is an unnecessary encumbrance, the Governor's power to veto bills being a sufficient conservative check on hasty legislation. The nominee system has failed to work satisfactorily in New South "Wales, and the elective Upper House in Victoria has not been gaining public approbation of late years. The New South "Wales Government, in order to. obtain the passing of its Land Bill some time since, were compelled to deluge the House with fresh nominees, pledged to pas 3 that particular measure. What value can be placed upon a body that has no independence, and, in the event of strongly opposing a pet measure of the Government, is liable to be swamped by new members thoroughly coached up in the part they have to play. If the two chambers are to be rebained it is evident that the Council must be reformed. We believe that a Council of twenty members, twelve being chosen by the entire electors of the various provinces, say one each to the six small provinces, and two each to Otago, Canterbury, and Auckland, the other eight to be nominated, would bea decided improvement. A Council thus constituted would command the respect of the people, and the ablest men in the colony would be ambitious to obtain a seat in such a body.