WHAT WILL THE NEW CONSTITUTION OF NEW ZEALAND BE LIKE ?

Lyttelton Times, Volume II, Issue 68, 24 April 1852, Page 3

WHAT WILL THE NEW CONSTITUTION OF NEW ZEALAND BE LIKE ?

[From the " Wellington Independent" of April 14.]

We learn from the recent Sydney papers that the Colonial Office has published a prospectus, or draft for a hew Constitution for the Cape of Good Hope ; and as it is the last production of the kind which has been issued from that quarter, it is deserving passing notice. But

when we recollect that this draft of a Constitution for the Cape is issued on the eve of one promised for New Zealand, and read the remarks of the Times, which will be seen elsewhere, on Colonial mis-government, in which it says in effect that the form of Government suitable for the Cape would be equally suitable to New Zealand, and bear in mind the great influence of the Times over our present weak and vacillating- ministers, this draft of a constitution for the Cape must possess more than ordinary interest at the present moment to the settlers here. It will be in the recollection of many of our readers, that near the conclusion of the sittings of the late general Legislative Council, Sir George Grey stated that the promised Constitution for New Zealand would consist of two Chambers, that both of them would be elective, and that the qualification of electors, mode of election, &c, would be determined by the Imperial Government. On looking over the present draft, we find that there are to be two Houses of Legislature, an upper and lower, bothof which areto beentirely elective, except that in the upper one the Chief Justice is to be the President. Nomineeism is to be entirely excluded. The power of the executive to make the laws it is to administer—that judicious system of uniting the executive and legislative functions in one body, that favourite hobby of his Excellency, is totally repudiated. The Parliament of the Cape of Good Hope is to consist of the Governor, a Legislative Council, and a House of Assembly. The Legislative Council is to consist of the Chief Justice, as President, and fifteen elective members, eight to be chosen from the western, and seven from the eastern districts of the colony: the members to hold their seats for ten years, unless the Council he sooner dissolved by the Governor. The qualifications for a member to be, that he be thirty years of age, and possessed of landed property unmortgaged to the amount of £1000 ; or possessed of landed property of that amount, which, though mortgaged, will, with his moveable property, constitute him the owner of not less than £2000. We think it a vicious system

which recognizes the possession of a given amount of property as the qualification of either an elector or a legislator, and that ten years is too long a period for the duration of this Legislative Council. We are aware that this body is created as a check on what might perhaps be the hasty and ill-digested legislation of a popular assembly, swayed by the momentary impulses or passions of the people; but we are decidedly of opinion that the plan proposed would give by far too much preponderance to the landed interest, and large landed proprietors ; which the lengthened duration of the sittings of the Council would free them too much from the healthy influence of their constituents, unfit them to be the true and faithful representatives of the altered condition and circumstances of a young and rising colony, or to be the fair exponents of the opinions and will of the colonists themselves. This objection, however, is in some degree weakened by the popular element being more fully recognized in the lower chamber, or House of Assembly. This is to consist of forty-six members, to be elected for the term of five years, and every qualified voter is to be eligible for election. The franchise is to be enjoyed by every male person over 21 years of age, within any electoral division, who has occupied for the space of twelve months next before the clay of registration any tenement of the value of £25 ; such person to be registered as an elector for both houses. The regulations as to voting are similar to those which prevail in the Australian colonies. Next to the popular character of the franchise, the feature which to us is the most interesting in the plan, is that, in the lower house, where the power of imposing taxes and 'granting supplies is to reside, there is to be no official voting. Four officers of the Crown consisting of the Colonial Secretary, Attorney-Ge-neral, Colonial Treasurer, and Auditor General have the right of sitting and debating in either house, but not of voting ■ they can offer thenexperience and advice, but the decision of every question is to be given only by the representatives themselves.

The next best feature in the plan is that with respect to the civil list. The interests of existing office holders are to be protected, because they accepted office with expectations which cannot iustly be disappointed. But subject to these interests the Imperial Government offers

no objection to the local legislature fixing whatsoever scale of emolument they may think fit for their servants. Earl Grey considers it would be highly injudicious to reduce the salary of office so as to render it no longer an object of ambition to men of ability and respectable station, but if such an unwise course be adopted, and unfit officers therefore appointed, as it is a matter which concerns only the colonists themselves, they will have full liherty to use their own discretion, and take the consequences.