THE COLONIST.

Colonist, Volume III, Issue 279, 22 June 1860, Page 2

THE COLONIST.

NELSON, FRIDAY, . JW-E22, 1860.. . Having discussed at some length Mr. Torrens's work on the laws relating - to landed property, we will taki a cursory review of one of the greatest blots in our jurisprudence, as regards that species of property, namely, the " law of primogeniture." Mr. Burke, in the exuberance of h;s rhapsodical enthusiasm, says, " The aristocracy is the Corinthian capital of polished society, and the House of Pters the pillar of the landed interest." Now, though this may sound very poetical as a figure of speech, yet, if looked at in a common senst point of view, is of a piece with all his other high-flown visionary declamations, will be found to lack a base. And we need not add, a capital without a base is very like " k castles in the air/■ • Again,-when*

speaking of the aristbcratical law of primogeniture, he says, " It is the standard law of our landed inheritance, and which without question has a*tendency, and I think a/ happy tendency, to preserve a character of weight and influence." We so far differ from that eloquent political mountebank, as to consider it a law of brutal injustice; and did we only hear of it as the law of. some other part of the world we should say that the legislators of that country had not emerged from a state of barbarism. Well then we think it will not be gainsaid that, as we are not to live for ever ourselves and other generation* are to follow, we have no right, nor ought we, to usurp the power to govern them or to say how they shall govern themselves. It is the summit of human vanity, and shows a covetousness of power fceyond the grave, to be dictating to the world to come. It is sufficient that we do that which is right in our own day, and leave them with good examples to do the same. If it. were made an article of the British constitution that all statute laws should cease say every twenty years and have no force beyond that time, it would prevent their becoming too numerous and serve to keep them within a compact and reasonable compass; and a reference to the ancient statutes would show that the proposition is not altogether new. Under such a system such as were proper would be re-enacted, and those which were not would become extinct. The British Government, from the want of some general regulation of this kind, has a great mass of obsolete laws, which, though out of use and forgotten by the great body of the people, are occasionally brought to bear on particular occasions, and innocent and unwary people frequently suffer from them. It has been truly observed by the greatest political writer of his day that it is perhaps "impossible to establish anything that combines principle! with opinions and practice, which the progress of circumstances, through a series of years, will not in some measure derange or render inconsistent." We contend that the subject we are now discussing is a proof of the correctness of thtt remark.

We have more than once observed that it is the boast of Englishmen, that go where they will they adopt as their motto " Nolumus Anglicce leges mutare;" and from the infant state of our country there has not as yet been any instance in which this law has been carried into effect. It may not be out of place to enquire how far such a blot in the jurisprudence oi the mother country should be impressed upon our i statute book. At the same time we are not unmindful of" the limitation upon our powers of self-legislation, namely, that it shall not be repugnant to the laws, of the mother country. ! There is a very able work of a great French author upon this subject, which is equally applicable to the present day, seeing that the law is in full force and effect. The great question involved is, whether it be for the good of a.community that the accumulation of large quantities of land should become permanently invested in the hands of a few families and declared inalienable, to the entire disinheriting, not only all the offspring of those families save the eldest son, but excluding the vast majority of such communities from the possibility of ever acquiring any portion of it. Now whatever " weight and consequence " such a state of things may have brought to those who come within the pale of that law, it is quite clear it has not tended to prevent what might be termed National Pauperism ! wherever it has prevailed. It has been generally supposed that this is purely a'legal question, 1 and it has become the fashion to tbihk that none but lawyers are qualified, to discuss it. We, on the con- ! trary, think that of all men they are the least qualified. Bred up and educated from the primer to the syntax of precedents long and dark, drawn from the musty records of Noah's ark, and habituated to the forms of existing institutions, it is but seldom that they look so far back at the first principles of legislation or examine the reasons pf laws; whereas in speaking of the* prerogative of primogeniture it is necessary to understand, not what has at various periods appeared just and politic"to certain legislators, but what is really so. Plato in his Republic undertook to prove that what is just is politic. Be that as it may, we think it will always make against the character of a law to know that whatever tl'se it may be, it is utterly and radically unjust. In this predicament we contend the law of premogeniture stands pre-eminently; for upon the supposition that the father has a right to bestow^ his property as he pleases (so long as he does not by so doing control or interfere with the progress of society), and that it is for the good of society that great families should be founded and preserved, and all the accumulatecl wealth of the father descend to the first male born, it. is clear that the prerogative of the eldest son is erected upon two fallacies: because we think it can be shown, first, that the father neither has nor ought to have the right to dispose arbitrarily of his wealth; and secondly, that if he had, the existence of great families, in favor of which alone the law of primogeniture is maintained,. is ah evil that ought not to be tolerated in a.free

state.

To form some idea upon what principle the possession of wealth and power should be regulated in a state, we ought to consider how we would now bestow them had we the power. Our choice ought to be to single out for the places of trust the loftiest intellects and most unblemished characters;" and further, in this selection and distribution every thing should regard the individual and nothing the famity, it being of the first importance to know what a man can do, not whose son he is. For it is well known, that when a state has been formed, as most states have been, by accident (as ours has been), in the course of ages the laws enacted from

time to time to answer some immediate exigency adhere most commohly to the body politic long after the circumstances which gave rise to them have ceased to exist. It is this law of primogeniture which creates and preserves an hereditary aristocracy, the greatest evil which political institutions have ever brought upon a country. Consult common experience and observe the effects of such an order of things upon the privileged few and upon the excluded many. In the former the first thing1 done is to destroy industry and all the better qualities of our nature which spring from it. In the latter it entirely" effaces the stamp of independence and debases the mind in some instances so far as tp make it exult in its own degradation.

The right of primogeniture as^it now exists in Europe, arose out of fefidal customs with which it is perfectly congruous— but it did not come into a general practice until the great feudal proprietor, havingunited to cast off the yoke of royal authority, established the rights of primogeniture the, better to resist the encroachments of royal power. Whether our readers and the people of these islands will think as we do upon this Vjital question, remains to be seen. It is, perhaps, to most of them quite new, but if they;will bestow a very little .consideration upon it we think that they cannot fail to agree with us in the desirability of staving off from the future generations of this country the disastrous consequences, which we trust we have sufficiently exposed, which must follow such a false system.

Yesterday we received the Marlborough Press for June 2d and 9th. Some hot discussions have taken place both in and out of the house. Some begin to think that starting business without a capital is uphill work; but a modest economy will do much to remedy even this. We give, out of the many letters on this subject, an extract from one signed ' A Separation Dupe,' a detail of the compound salary of the Superintendent of the majority of the Council of Ten:— Superintendent (13 months and 3£ weeks) £ s. d. at per annum £500 . . 577 2 6 Provincial Solicitor, (ditto ditto) at per i annum £200 . . .231 5 0 Provincial Secretary, (ditto ditto), at per annum £100 . . 115 12 6 Commissioner of Crown Lands from Nov. ■ ■ 1,1859, to June 30, 1860, at per annum £400. . . . 666 1&. 4 Actually voted on Saturday . £1590 13 4 And on the Estimates, but not yet discussed— Separation Expenses . j£loo Expenses of attending settlement of Trustees and Provincial Account / . 300 £400 The share of which that will probably go into Mr. Adams' pocket may be estimated at . . . 250 0 0 Total . . £1840 13 4. No man chosen by the people could find friends, with temerity enough to sanction with their votes such preposterous ,doings. It must be mentioned that Mr. Adams has. declared in Council his intention of not receiving any salary, as Superintendent while he holds the office of Commissioner of Crown Lands The repeal of the Nelson Education Act was caried by a majority of five to three; but a, sum has been placed upon the Estimates by the Superintendent, with the consent and advice of his Executive we suppose, for the " purpose of repairing the present school, supplying books, &c, and giving a bonus to the schoolmaster; which assistance would be extended to other districts when required." He likewise said that it was not for the purpose of retarding education that he proposed to repeal the Nelson Acts, but to. enable them to take better measures; and declared his willingness to place a larger amount on the Estimates for that purpose.

The Prince Alfred arrived in port yesterday morning, from Sydney, after a passage of nearly ten days. She met with nothing but strong easterly gales the whole of the way. She made the land (Sandspit) on Wednesday morning at eight o'clock. She left Sydney on the 11th instant, and brought us papers to that date. The Lord Ashley was in Sydney when the Prince Alfred left, and.was to leave for Auckland on the 13th, with the English mail, .should .it arrive before that date. The Prince Alfred shipped thirty-six horses for this port, two of which died on the passage. The general cargo is principally for the southern ports. We have given copious extracts from tHe Syd-J ney papers. The telegraphic communication from Melbourne sa,ys that " great dissatisfaction is expressed at the news from New Zealand."

From the extracts which we have given from the Moreton Bay Courier, it will be seen that the colony of Queensland has commenced business in earnest. The Governor's speech was rather a long aflfair.

Caution to Milihamen.—Three members of the Nelson Militia appeared before the Resident Magistrate yesterday to answer to summonses charging them with having committed & breach of the 16th clause of the Militia Act by being absent from drill. It may not be generally known that, persons neglecting to attend, subject themselves to a .fine as high bb £20, if enforced. The above were fined 40s. and costs; two pleaded ill health as the cause of non-attendance; the" magistrate said that in such cases a medical certificate to that effect.would have to be submitted to the Lieutenant-Colonel ofth« Corps before any exemption could be made.

Takanaki Aid The Bazaar in connection with this object was opened on Wednesday ; and the weather being unpropitious on Thursday, the second day was postponed till Wednesday next. About £70 was taken. The concert last evening in furtherance of the same object was most successful:. there were above 300 persons. We defer our remarks on the singing till next week. Too much praise cannot be given to Mr. Walcot, the able conducter of the whole t ior, his share in this matter,