THE FUTURE GOVERNMENT OF CANTERBURY.

Lyttelton Times, Volume 1, Issue 3, 25 January 1851, Page 2

THE FUTURE GOVERNMENT OF CANTERBURY.

The following is a copy of the Ordinance which Sik George Grey has proposed to pass, for the purpose of giving the New Zealand Company's Settlements a Provincial Elective Council. As this Ordinance is intended to apply to all Provinces " to be made," as well as to those now existing, and as it is probable that the Canterbury district will soon be declared a separate province, the following is the draft of a Constitution which the Governor proposes for the Government of Canterbury. We have therefore printed it at full length from the " Wellington Independarst" of Nov. 20, since it cannot fail to be deeply interesting to all our readers. PROVINCIAL COUNCILS' BILL. An ordinance to provide for the establishment of Provincial Legislative Councils, and for the election, &c, of Members to serve therein. Preamble, reciting the division of the Colony into Provinces. Whereas, in pursuance of the provisions of an Act made and enacted in the Parliament, holden in the 9th and 10th years of the reign of Her Majesty Queen Victoria, intituled, " An Act to make further provision for the Government" of the New Zealand Islands," Her Majesty, by certain letters patent under the great Seal of the United Kingdom, bearing date on the 23rd day of December, 1846, did ordain and appoint that the said Islands of New Zealand should be divided into two separate provinces, to be called respectively the "Province of New Ulster, and the province of New Munster." And Whereas by an Act made and enacted in the Parliament holden in the eleventh year of the reign of Her Majesty, intituled, " An Act _to suspend for five years the operation of certain parts of an Act of the 10th year of her Majesty for making further provisions for the Government of the New Zealand Islands/and to make rther provisions in lieu thereof," it is amongst her things enacted, that it shall be lawful for the Governor-in chief of New Zealand, by and with the advice of the Legislative Council thereof, by ordinance to constitute within and for any of the Provinces into which the Islands of New Zealand were then, or might thereafter be, divided, a Provincial Legislative Council to be appointed and elected in such manner, by such person or persons as by such Ordinance shall be provided in that behalf, and that the Provincial Legislative Council or Councils so constituted shall have all such rights, provisions, and authority as shall be granted on that behalf to the said Provincial Legislative Council or Councils, or either of them, by such ordinance and none other. And Whereas by an Ordinance enacted by the Governor-in-chief of New Zealand, with" the consent and advice of the Legislative Council thereof, September 9, No. 1, intituled, An Act to provide for the establishment of Provincial Legislative Councils in the Colony of New Zealand, it is amongst other things enacted, that for each of the provinces into which the islands of New Zealand, then were, or might hereafter be divided, there shall be a Legislative Council of not less than nine Members, to, consist of the Members of the Executive Council of the province, and of such other persons as the Governor or MeutenantGovernor might summon and appoint to be members of such Legislative Council. And Wkereas it is expedient that in the provinces of New Ulster and New Munster, a portion of the Members of the said council be elected by the inhabitants of the said provinces respectively. And in any province which may hereafter be constituted, that a portion of the Members of such council should also be elected so soon as Electoral districts can be defined therein for the purposes of such election, and other necessary provisions can conveniently be made in that behalf, now therefore be it enacted by the Governor-in-chief of New Zealand, with the advice and consent of the Legislative Council thereof, that the said recited ordinance so far as relates to the provinces of New Ulster and New Munster, be repealed on the passing hereof. And so far as relates to any new province as aforesaid, that the said recited ordinance shall be repealed, at, such time as the Governor-in chief by proclamation in the New Zealand Government Gazelle shall for that purpose direct and appoint.

I.—Constitution of the Council, and the Election, &c, of Members. A Legislative Council to be established in every Province. 1. For each of the provinces into which the islands of New Zealand now are, or may hereafter be, divided, there shall be a Legislative Council, to consist of such number of persons —not less than nine—as the Governor-in-chief shall by proclamation in that behalf from time after time direct and appoint. And every such Legislative Council shall have such power and authority, and be subject to such limitations and restrictions as are hereinafter provided. One third of members to be appointed, and twothirds elected. 2. One third of the members of such council shall be appointed by the Governor of the province, and two thirds of every such Council shall be elected by-the inhabitants of the province as hereinafter provided. Electoral districts, time, place, and mode of Election. 3. It shall be lawful for the Governor-in-Chief, until provision be made by law in that behalf, by Proclamation to be published, in the New Zealand Government Gazette, to constitute within every such province convenient electoral districts, and appoint and declare the number of members to be elected for each such district, and to make provisions for the registration and division of lists of all persons qualified to vote at the Elections to be holden within such Districts, and for the appointing of Returning Officers, and for the issuing, executing, and returning the necessary writs for such Elections, and for taking the poll thereat, and for determining the validity of any disputed returns, and otherwise for issuing the orderly, effective, and impartial conduct of such Elections. Provided always that the mode of elections be by open voting, and that the voting shall finally olose at four of the clock in the afternoon of the day on which the Election shall commence. And provided also that in determining the number and extent of such Electoral District, regard shall be had to the population and wealth of .the same; and that in determining the number of Members to be electors within ! the same, so that the number of members to be assigned to any one District, may bear to the whole number of Elective Members of the said Council, the same proportion as the number of Electors within such District shall bear to the whole number of Electors within the limits of the Province. Qualification of Members. 4. Every person within the province who shall be legally qualified as an Elector, and duly registered as such, shall be qualified to be elected a Member of the said Legislative Council. Provided ahoays, that it shall not be necessary that he reside or possess the qualification in the particular district for which he may be elected to serve as a Member. Qualification of Electors. 5. The elective Members of every such Council shall be chosen by the votes of the inhabitants of the Province who may be qualified as hereinafter mentioned, (that is to say) every man at the age of twenty-one years or (except as hereinafter mentioned) upward, and having a freehold estate in possession situate within the District for which the vote is to be given of the clear value of 501. above all charges and incumbrances, and of, or to which he has been seized or entitled either at law or in equity for at least six calendar months next before the last registration of electors, or being a householder within such district, occupying a dwelling-house within the limits of a town (to be proclaimed as such by the Governor-in-Chief, for the purposes of this Ordinance) of the clear annual value of 101. or without the limits of a town of the clear value of 51. and having resided therein six calendar months, next before such registration as aforesaid: or having a leasehold estate in possession, situate within the districts for which the vote is to be given, of the value of 101. per. annum, held upon a limit which at the date of such registration shall have not less to run than three years, shall, if duly registered, be entitled to vote at the election of a member or members for the district. Disqualification. 6. Provided always that no person shall be entitled to vote at any such election who is an alien, or who at any. time theretofore shall have been attainted or convicted of any treason,

felony, or infamous offence -within any part of Her Majesty's dominions.

Appointment of non-elective Members,

7. The non-elective Members of every such Council shall be appointed in manner hereinafter mentioned, that is to say, it shall be law-"V ful for the Governor of the province, by letters'« patent under the great seal of the Province, from' time to time to appoint such persons as he may! think proper to be personally or by virtue of their office, non-elective members of any such Council. Provided always that no such appointment shall be made until the return of. the Writs for the Election of the Elective MenTbers. Duration of Office. 8. Every non-elective Member of any such Council shall hold his seat therein for Two years from the day of his appointment, or until | the Council shall be sooner dissolved. Resignation of Councillors. 9. It shall be lawful for any Legislative Councillor—elective or non-elective—by writing under his hand addressed to the Governor of the Province to resign his seat in the said Council, and upon such resignation the seat of such Legislative Councillor shall become vacant. Seats in Council, how forfeited. 10. If any Legislative Councillor shall, for two successive sessions of the Legislature of the province, fail to give Ins attendance on the Council, or s.hall become bankrupt, or take the benefit of any law relating to insolvent debtors, or become a public defaulter, or be attainted of treason, or be convicted of felony, or any infamous offence, or shall become non compos mentis, his seat in such Council shall thereon become vacant. Councillors sitting, virtute officio, to vacate his place ivhen out of office. 11. If any person who shall have been designated as a non-elective member of any such Council, as the holder of a public office, shall cease to hold such office, his seat in the said Council thereupon shall become, vacant. Questions of vacancy, how to be decided. 12. Any question which shall arise respecting any vacancy in the said Council, on occasion of any of the matters aforesaid, shall-bo-hoard and determined by such Council on such questions being referred to them for that purpose by the Governor of the Province, and not otherwise. Vacancies, how to be filled up. 13. Whenever it shall be established to the. satisfaction of the Governor of the province that the seat of any Legislative Councillor hath become vacant, such Governor shall forthwith issue a writ for the election of, or shall forthwith appoint a new member (as the case may require) to serve in the place so vacated during the remainder of the term of the continuance of such Council, and no longer. Jfew elections, hoio to be made. 14. Every such new appointment or election shall be made in manner hereinafter provided. Duration of Council. 15. Every such Legislative Council shall continue for the period of two years from the day of the return of the writs for closing the same, and no longer ; subject, nevertheless, to be sooner prorogued or dissolved, as hereafter meutioned. Council to meet at least once a year. 16. There shall be a session of every such Council once at least in every year, so that a greater period than twelve calendar months shall not intervene between the last sitting of the council in one session to the first sitting of the council in the next session. First meeting of Council. „ -r 17. The first'writs for the election of mem- • bers of such Council for the provinces of New Ulster and New Munster, shall be issued at some period not later than twelve calendar months after the passing of this- Ordinance. And the first writs for the election of members of such council for any such new province us aforesaid, shall be issued at some period n^t later than twelve calendar months after tins Ordinance shall be proclaimed to come intK operation within the same as hereinafter pro i vided. Time and place of Meeting. 18. It shall be lawful for the Governor of the Province for the time being, by Proclamation in the Government Gazette, to fix such place er places within the limits of the province, and such times for holding the first and every other, session of the said Council as he may think lit, i

and from time to time, in manner aforesaid, to to alter and vary the same as he may judge advisable and most consistsnt with general convenience.

Prorogation, fyc. of Council. 4 19. It shall also be lawful for the Governor I of the Province to prorogue the said Council \ from time to time, and by proclamation or otherJ wise to dissolve the same, whenever he shall deem it expedient to do so.

Expenses of Members. 20. Every Member of the said.Council whose ■ordinary place of abode shall be more than 25 miles from the place where any meeting' of such Council may be holden, shall be entitled to receive, and there shall be paid over to him on the first day of each session, by the Clerk of the Council, the sum of 501. for and toward defraying the travelling and other expenses incurred by such member in attending the meeting of the Council, and all sums so. paid, shall be chargeable upon, and payable out of, the general Revenue of the province. 11. JUEISDICTION OF THE COUNCIL. General Jurisdiction. 21. It shall be lawful for the Governor of the Province, with the advice and consent of the Legislative Council thereof, to make and ordain all such Laws and Ordinances as may be required for the peace, order, and good government of the Province, subject nevertheless to the exceptions, limitations, and restrictions hereinafter contained. Laws to be subject to disallowance of her Majesty, by the Governor-in-Chief. 22. Ail Laws and Ordinances to be made by the said Council shall be subject to the confirmation or disallowance of the Governor-in-Chief on behalf of Her Majesty, in such manner, and according to such regulations, as Her Majesty shall from time to time prescribe in that behalf. Council to conform to her Majesty's Instructions. 23. In making of such laws and ordinances the said Council shall conform to, and observe all such instructions as Her Majesty shall from-time to time make for their guidance therein. Laws not to be repugnant to Laws of England, <S,-e. 24. No such Law or Ordinances shall be repugnant to the Law of England or to any ordinance to be made and enacted by the Gover-nor-in-Chief, with the advice and consent of the Legislative Council of New Zealand, or by any General Assembly thereof. Appropriation of revenue. 25. All Duties, Taxes, Rates, Tolls, and Assessments, imposed and made payable by virtue of any ordinance now in force, or which may hereafter be imposed or made payable by virtue of any Ordinance to be made by the Governor-in-Chief, with the advice and consent of the Legislative Council of New Zealand, or by any general Assembly of the Colony, shall be appropriated to such specific purposes as by any such ordinance shall be prescribed in that behalf, and to none other, save as hereinafter excepted.

Cost of collection,

26.' The first application of any such Duties, Taxes, Rates, Tolls, and Assessments, shall be towards defraying all the expenses of the collecting, receiving, managing, and auditing the same. l

Subject thereto, residue to be appropriated by Council. -■ ' 27. Subject to such deduction as aforesaid, and to any charge which by any Law or Ordinance now in force, may have been made on the General' Revenue of New Zealand or of the Provinces into which the Colony may be divided, the proceeds of all such Duties, Taxes, Rates, Tolls, and Assessments shall be paid over teethe respective Treasuries of the said Provinces,fqr the public uses thereof, and be subject to the appropriation of the respective Legislative Council of the said Province respectively. Apportionment between the several Provinces. 28. In the apportionment, of any such ultimate surplus between the said Provinces, the part of the surplus to be assigned to each shall bear to the whole of such surplus the same pro-.-_pfl.ViiQn...\yhjcX.tl?^_-P.av.t._pf._tlije_-grpss..pi'oc.e.e.ds_ raised and collected, within such Province may have borne to the total amount of the gross

proceeds of any such Duty, Tax, Hate, or Assessment.

Subjects on which the Council are prohibited from legislating.

29. It shall not be competent for the said Council to'make or enact any Law or Ordinance for any of the purposes herinafter mentioned, that is to say,

Ist. For the regulation of Duties of Customs to be imposed on the Importation or Exportation of any Goods at any Port or Place in the said Islands of New Zealand.

2nd. For the establishment of a General Supreme Court, to be a Court of original Jurisdiction or of Appeal from any of the Superior Courts of any such separate province as aforesaid. 3rd. For determining the "fextent of the Jurisdiction, or the course or manner of pro..ceeding of such General Supreme Court or of the said Superior Courts,. 4th. For regulating the Current Coin of the said Islands, or any part thereof, or the issue therein of any Bills, Notes, or other Paper Currency. sth. For determining the Weights and Measures to be used in the said Islands, or in any part thereof. 6th. For regulating the Post offices within, and the carriage of Letters within the said Islands.

7th. For Establishing Laws relating to Bankruptcy and Insolvency. Bth. For the erection and maintenance of Beacons and Light-houses on the coasts of the said Islands.

9th. For the imposition of any duty or other charges on Shipping, at any Port or Harbour within the same. 10th. For regulating Marriages within the same or any part thereof. 11th. For affecting Crown Land or Lands belonging to the aboriginal native owners, or for inflicting any disabilities or restrictions on persons of the native race to which persons of European birth or descent would not also be subject. 12th. For inflicting the punishment of death or transportation for any crime or offence. 13th. For regulating the course of inheritance of real'or personal property, or for affecting the law relating to wills. Any Ordinance on any such subject to be void. 30. And any Ordinance, or pretended Ordinance which may be made by the said Council for any of the purposes hereinafter set forth, shall be absolutely null and void to all intents and purposes. lll.—Proceedings, &c, of the council. Speaker to be elected. 31. Every such Legislative Council shall, immediately on their first meeting, and before proceeding to the despatch of any other business, elect one of their members to be the Speaker thereof, which election being confirmed by the Governor of the Province shall be valid and effectual during the continuance of such Council, except in case of vacancy in the said office by death, resignation, or otherwise, in which case the election shall be repeated and confirmed, as hereinbefore provided. Speaker to preside. 32. The Speaker so to be elected as aforesaid, shall preside at all meetings of the said Council. Majority of Council, a quorum. 33. The said Council shall not be competent to the despatch of any business, unless a majority of the whole number of members be present. Majority present to decide. 34. All questions which shall arise in the said Council shall be decided by the majority of votes of those members of the Council who shall be present other than the Speaker, but in all cases wherein the vote shall be equal, the speaker shall have a casting vote.

Standing Rules to he made. 35. The said Council at their first Meeting, and from time to time afterwards, as occasion may require, shall prepare and adopt such Standing Rules and Orders, as may be best adapted for the orderly conduct of the business of such Council, which Eules and Orders shall J>_eJaid_.MfQLe ra th.e_jG^ and being by him approved shall become binding and in force.

And ' Minutes' to he kept,

36. "Minutes" shall be kept of all the proceedings of the said Council by the Clerk thereof, and such Council shall not proceed to the despatch of business until the " Minutes" of the last Meeting have been read over, and confirmed or corrected, as may be necessary. Laws to be styled Ordinances. 37. All Laws to be enacted by the said Council shall be styled " Ordinances enacted by the Governor, (or the Lieutenant Governor as the case may be) of the Province of . ..." Ordinances when to take effect. 38. Every such Ordinance shall take effect from a time to be therein for that purpose appointed. Fines, Penalties, $-c, to be reserved to her Majesty. 39. All Ordinances made for levying monies and for imposing Fines, Penalties, or Forfeitures, shall grant or reserve the same to Her Majesty, Her Heirs and Successors, for the public uses of the Province and the support of the Government thereof in such manner, as by such ordinances may be directed. And no such money shall by any such Ordinance be made issuable, save only by warrants to be granted in. pursuance thereof by the Governor of the Province. Governor may propose laivs. - 40. It shall be lawful for the Governor of the Province to transmit to the said Council for their consideration, the draft of any such law as may appear to such Governor desirable to introduce, and any amendments which he shall desire to be made in any Bill presented to him. for the assent of the Governor-in-Chief, and such proposed law shall thereupon be considered by the Council in like manner, as if the same were a bill which had originated therein. And it shall be lawful for the Council to return any Bill to which the Governor shall have so made any amendments, with a message signifying to which of the amendments the council agree, and those to which they disagree, and thereupon the Governor of the Province shall give his assent to, or reserve such Bill at his discretion, as hereinafter provided. Ordinances to be presented to Governor. 41. Every Ordinance which may have been passed by the said Council, also every law proposed by the Governor of the Province, which shall have been passed by the said Council, whether with or without amendments, shall be presented to the Governor of the Province for the assent of the Governor-in-Chief. Power to Governor of Province to assent to, or disallotv, or reserve Ordinances. 42. It shall be lawful for the Governor of the Province at his discretion to declare that he assents to such bills on behalf of the Governor-in-Chief, or that he withholds the assent of the Governor-in-Chief, or that he reserves such Bill for the signification of the Governor-in-Chief's pleasure thereon. Provided, that all Bills altering and affecting the division and extent of the several districts and towns, which shall be represented in the said Council, or establishing new or other divisions of the same, or altering the number of the members of the Council to be chosen by the said districts and towns respectively, or altering the number of the members of such Council, shall in every such case be so reserved as aforesaid. When assented to by Governor, to be sent to Governor-in- Chief. 43. Whenever any Ordinance which shall have been presented to the Governor of the Province for the assent of the Governor-iu-Chief shall by such Governor have been assented to in behalf of the Governor-in-Chief, the Governor of the Province shall by the first convenient opportunity transmit to the Governor-in-Chief an authentic copy of such Ordinance so assented to. Power to Governor-in-Chief on behalf of Crown to disallow Ordinances. 44. It shall be lawful for the Governor-in-Chief at any time within twelve calendar months after any such Ordinance shall have been received by him, by proclamation in the Government Gazette, to declare his disallowance of such Ordinance, and such disallowance shall make void and annul thejamej fronjjjnd.after_a_. day to be named in such proclamation as aforesaid. ' ' ~' " ■

Reserved Ordinance. 45. The Ordinance which shall be reserved I for the signification of the Governor-in-Chief, ' thereon shall not have any force or authority within the Province, until the Governor of the Province shall signify either by speech or message to the said Council, or by proclamation as aforesaid, that such Ordinance' has been laid before the Governor-in-Chief, and that the Go-vernor-in-Chief has assented to the same. Assent of Governor-in Chief to be entered on Journal. 46. Aii entry shall be made in the journals of the said Council, of every such speech, message, or proclamation as aforesaid, and a duplicate thereof, duly attested, shall be delivered to the Registrar of the Supreme Court, or other proper officer, to be kept among the records of the pro^nce. Assent on reserved Ordinances to be given . j tcithin the year.. 47. The Ordinance which shall be so reserred as aforesaid shall not have any force or authority in the Province, unless the assent of the Gover-nor-in-Chief thereto shall have been so signified as aforesaid, within the space of twelve calendar months from the day on which such Bill shall have been presented to the Governor of the Province, for the assent of the Governor-in-Chief as hereinbefore provided. Also if to take effect from time to be fixed by Governor-in-Chief. 48. If any such Ordinance shall be made to . take effect from the time of the signification of the pleasure of the Governor-in-Chief therein, then, unless such confirmation thereof shall have been signified within twelve calendar months, next after date thereof, every such Ordinance shall from and after the expiration of that time be considered as being disallowed. Reserved Ordinances when deemed to be disallowed. 49. If any such Ordinance shall be reserved by the Governor of the Province for the signification of the pleasure of the Governor-in-Chief as hereinbefore provided, then in like manner such Ordinance shall be considered to be disallowed, unless the confirmation thereof shall have been signed as hereinbefore provided, within twelve calendar months next after the date of the same. Effect of disallowance. 50. If any such Ordinance shall be, or fee deemed to be, disallowed by the Goverrior-in-Chief, the said Ordinance shall cease to have any operation or effect either upon and from such lapse of time as aforesaid, or from a time to be named in the Proclamation signifying such disallowance, but no such disallowance shall have any retrospective operation, or shall render invalid or void any act done under the authority or in pursuance of any Ordinance before such signification of the disallowance thereof as aforesaid. Construction of Ordinances to be passed by Provincial Councils. 51. In the construction of all such Ordinances so to be made as aforesaid, the word " Governor," shall be taken to include the LieutenantGovernor and any word or words importing the singular number or the masculine gender only, shall respectively be understood to include several persons, matter or thing, and females as well as males, unless <■ there be something in the subject or context repugnant to such construction. Construction of this Ordinmce, 52. In the construction of this Ordinance the term " Governor-in-Chief," shall be deemed to include the person for the time being, acting iv that capacity, and the term " Governor," shall be deemed to include the LieutenantGo vernor. Commencement of Ordinance. 53. This Ordinance shall come into operation, so far as relates to the Provinces of New Ulster and New Munster, on the passing hereof, and so far as relates to any such new Provinces as aforesaid, at such time as the Governor-in-Chief, by Proclamation in the New Zealand Government Gazette, shall for that purpose direct and appoint.

The following is a speech which was delivered by Mr. Gom-Kr at a Public Meeting held at Wellington on the 15th November, 1850, to consider the foregoing ordinance. We print it in full, as the best critique on the proposed form of Government

i Mr. Godley, in proposing the first resolu- ; tion, said, that although incapable of addressing you for more than a very few minutes, I cannot resist the temptation of this opportunity to express my sentiments on the important question now offered for your consideration. And in doing so, I am above all things anxious to impress upon you the recollection, that-the words and actions of this meeting will inevitably form the subject of careful attention and criticism at home, that, if they be wise and worthy, they will support and strengthen the hands of those who are struggling for your ! rights in Parliament to an extent which can f hardly be over-stated, whereas, if you betray? ! either feebleness or irresolution on the one hand, or want of calmness, temper, and moderation on the other, you may be very certain that your errors will be promptly taken advantage of, and that in answer to your claims and prayers you will have the old sneer of your unfitness for self-Government which you show in your efforts to attain it. The business before you to-day is to pronounce your opinion on the Bill which Sir George Grey offers for your acceptance: now, before you do so, and in order that you may do so with justice and effect, I want you to ask yourselves what this great political object is that you have been striving after, for many long and anxious years, and of which this measure professes to be the realization. There are some who will tell you that it is " Representative Institutions," for it is the fashion to say that all colonial reformers want " Representative Institutions." If this be so, then I admit that the Bill ought to sailsf'y you, for it certainly gives you, in a measure, and after a sort, " Representative Institutions." But I deny that Representative Institutions are what we have striven and prayed for; we have Representative Institutions enough already, and can make as many more as we like; this meeting is a representative institution, as soon as we have elected • a chairman ; but the next question is what we. r can do with them when we have them. There iis. no magic in the word " representative ;" no people were ever redeemed or regenerated by the mere election of delegates—No, Sir, the object which the colonists of New Zealand have given their energies to obtain, and which they will obtain, if they be true to themselves, is something very different from the mere form of a constitution; it is the substance which all such forms are but methods of exercising; in a word, it is political power; the power of virtually administering their own affairs, appointing their own officers, disposing of their own revenues, and governing their own country. Compared with this object, all questions which concern the allocation of power among different classes of colonists, fade into utter insignificance, whatever importance they may assume at the proper time and proper place. Such questions will be settled among ourselves, when we shall have got the power of governing ourselves. Do not weaken your collective influence by disputing about them now. The contest in which we are now engaged, and which requires our undivided energies to conduct it successfully, is with the central authority of Downing Street, whether exercised through the medium of Governors, or of Nominees, or of Colonial Office instructions. Let us finish that before we begin to quarrel, as of course we shall quarrel like other people, among ourselves, as soon as we have got substantial power to quarrel about. But never forget that the end we aim at is the power of self-Government; Representative Institutions are merely the most convenient and desirable means of exercising it (cheers). To give us Representative Institutions without full powers is worse than a mockery and a delusion ; it is a careful and deliberate provision for keeping the machine of government at a perpetual dead-lock; or, if that be avoided through the | weakness of the assembly, for constituting a political debating-club of the worst kind and investing it %vith the dignity and the claims of : a National Legislature (cheers). I have insisted thus strongly upon this preliminary point, because it is clear to me that, if it were not for this juggle ami word-play about Representative Institutions, nobody could have seriously proposed that you should accept such a measure as this of Sir George Grey's as the Charter of your

liberties. It is a measure for constituting P ro vincial Debating-clubs ; that is all. The reso" lution I am about to propose asks you to reject the Bill, because it does not give you the ma nagement of you* own affairs'; this is the ground upon which I trust that you will adopt it (cheers! Those who come after me will examine, more at length than I have physical power to do the provisions of the Bill, and will shew you its short-comings in detail. I will content myself with stating that it withholds from you the* disposal of the greater part of the revenue and" consequently of all practical control over th* Executive; that it compels you to conform" your legislation to Colonial Office instructions • that it contains that ridiculous and inexplicable provision against making- any law repugnant to the law of England ; that it makes the pernicious element of Nomineeism part and parcel of your Constitution ; and that, besides all this, it gives ; a veto upon all local^egislation to a "Governor [not responsible to yourselves. If you think that the privilege of electing representatives to do nothing be sufficient to compensate for such defects as these; if your ambition be to enjoy the name of a constitutional country, while the real power o£ governing you resides 16,000 miles off, then, I say, throw up your hats, and cheer for the Constitution. But if you think with me that this Bill will be merely a stumbling-block and an obstacle in your way ; if you believe as I do, that by accepting and sanctioning it you will debar yourselves tor an indefinite time from getting any thing better; that you will compromise every principle that you have been asserting, and make it evident to friends and foes that you have been fighting for names and not for realities—above all, if you feel convinced, as I do, that if you refuse to be put off with the shadow, you will assuredly get the substance, then I ask you to assert those sentiments and views by an emphatic condemnation of the bill (cheers). Ido not blame Sir George Grey for offering it; I believe that he is bon&Jide anxious to make every possible concession to you, and indeed that he believes he has already done so; but the fact is, that he has not the power of giving you a good Constitution, if he were ever so well disposed; he is fettered by Acts of Parliament and instructions, which only fresh acts - and fresh instructions can revoke. He has no power to give up the! civil list, no power to give up the veto, no power to give you what is called Responsible Government, that is, the virtual administration of your own affairs. Now, we want no provisional relaxation of arbitary power, depending on the casual favour of the man who may happen to exercise it; we want the sanction of irrevocable laws for our rights, and this we can only get from the fountain of law for the British Empire—the Imperial Parliament. Never forget, that the battle of our Constitution must be fought in London ; it is by the influence which we can exercise, or the trouble we can give, there, alone that we can hope to obtain our local independence; it is because as yet not one of the Auatralian Colonies has taken a stand which entitles and. enables it to be heard in London, that not one of them has got local independence yet. I trust that we shall set a brighter example; I trust that we shall shew New Zealand standing pre-eminent and alone among the Colonies of England, proclaiming that her people will have nothing to do with counterfeits or half measures ; that they will have things in New Zealand called by their proper names—real despotism or real liberty (cheers). For my own part, I would far rather live under the avowed -despotism of one Jable and energetic man, acting on his own responsibility, according to his own pleasure, than under such a regimen as it is the fashion in Downing Street to call Constitutional and Bepresentative; a regimen in which the people exercise no real power, and the Government incurs no effective responsibility ; in which the utmost privilege granted to .the colonists is that of obstructing the action of their own Government, and in which the rights of perpetual agitation is dignified with the name of freedom (cheers). Mr. Godley then proposed the following Kesolution :— " That the constitutional measures which Sir George Grey is understood to be about to offer to the colonists, and which has been already published by him in the shape of a draft Ordinance, does not deserve their approval or acceptance, inasmuch as it does not confer upon them an effectual control over the management of their own affairs. That the apparent liberality of its provisions with respect to the election and duration of Assemblies, is rendered completely nugatory by the limitations im-

posed upon their jurisdiction and powers. That while no. Constitution can be said to confer real powers of self-Government upon a people which does not vest in their representatives the disposal of their own revenue, the Civil List reserved under the proposed measure, which amounts already to I nearly one-third of the Revenue, and .which Sir \ George Grey has recommended to be increased to ) nearly one-half, is withdrawn from the jurisdiction *of the colonists altogether; and a power is further given to a Nominee Council of taking whatever proportion of the remainder they may think fit for the purposes of the General Government; so that in ,2£.ct the balance left to the disposal of the Provincial Councils will be little more than nominal. And - that lastly, the institution of a Legislative Council, ' composed partly of Representatives of the people and partly of Nominees of the Crown, is not only incompatible with good government, but appears as if expressly calculated for the purpose of producing discord and. mutual obstruction. For the foregoing reasons, therefore, tliis meeting rejects the measure in question, and pledges itself to resist its introduction by every constitutional'means."