NEW ZEALAND CONSTITUTION.

Lyttelton Times, Volume II, Issue 88, 11 September 1852, Page 4

NEW ZEALAND CONSTITUTION.

The Melbourne Argus publishes the following strictures from the pen of a London Correspondent, upon our newly promised Constitution. It is valuable as showing every objection that can be adduced to the measure, but betrays a little of the irritation prevailing in Australia against the prominence given to New Zealand in the present Session of Parliament. We pointed out last week several of the objections stated in the Argus, but at the same time admitted that the measure had many valuable points, and was, take it all in all, a move in the right direction, and would, therefore, be accepted with pleasure by the Colonists as a forerunner of that complete release from Downing Street controul they are striving to obtain. "Sir John Pakington has introduced a Constitution Bill for New Zealand. Referring you to the reports of the details of the Secretary's speech, I confine myself to a brief outline of the measure, and add a few comments thereon. It is proposed to divide the colony into six provinces, instead of five, New Plymouth being created a separate province. To each there is to be appointed by the Governor-in-Chief, a Superintendent, with a salary of £500 a year, and each superintendent is to have a Legislative Council, comprised wholly of elective members not less than nine in number. The qualifications of the elective franchise are, a freehold worth £50; a house, if in a town, worth £10 a year; if in the country, £5 a year; and a leasehold having ten years unexpired of £10 a year. These Provincial Councils are to be of four years' duration ; and they are to determine for themselves whether the members are to be paid. Then, there is to be a Central Legislature, composed of the Governor-in-Chief, and two Chambers; the lower Chamber of not less than 25, nor more than 40 members, being wholly elective, and the upper Chamber of not less than 10, nor more than 15 members, composed wholly of Nominees appointed by the Crown ! The franchise for the Elective Chamber is the same as for the Provincial Councils, and both Chambers are to have a duration of five years. The Act also provides for a reserved civil list of £12,000, and of £7,000 for native purposes. There are fourteen subjects upon which the Provincial Councils are restricted from legislating. First, the establishment of Courts of Civil and Criminal Jurisdiction ; second, the Customs; third, the Supreme Court; fourth, the Currency ; fifth, Weights and Measures; sixth, the Post Office; seventh, the Bankrupt Laws; eighth, Beacons and Lighthouses ; ninth, Duty on Shipping ; tenth, Marriage Laws; eleventh, Crown Lands; twelfth, Restrictions on Natives ; thirteenth, Criminal Laws; fourteenth, Inheritance of Property. Such is a brief outline of the leading features of the new Secretary's first attempt at legislating for the colonies, and I am perfectly surprised that such a scheme has met with the approvalof gentlemen interested in New Zealand. There are not many men in the House of Commons who know much or care anything about Colonial interests, and it is not s*o surprising that the Bill was well received there ; but it is pretty well understood that the suggestions are approved of by New Zealand Colonists now in England, and this I say. surprises me, because I can see nothing in the Constitution but a provision, under a somewhat complicated form, for perpetuating all the grievances of which the Australian colonies have long complained. There is an old nursery puzzle, and I never think of English Legislation for the Colonies without being involuntarily led to the nursery for illustration—there is an old puzzle for children beginning with "as I was going to St. Ives, I met six wives, and although every wife had a sack, and every sack had a cat, and every cat had a kitten, yet kits, cats, sacks, and wives, there was only one man going to St. Ives." Of course some three-score years ago, I was puzzled at this complicated sum in animal multiplication, but it became, I have no doubt, clear to my comprehension after diligent study of the problem, that as the proposed journeyer to St. Ives met the menagerie, he was the only person going in the direction of that place. Now, it appears to me that Sir John Paldngton's Constitution, with its six provinces, six superintendents, six legislatures, upper chamber and lower chamber, and Governor-in-Chief, is just such another riddle which, when solved, is reduced to one man, who seems at first quite insignificant amongst such a host of constitutional bodies, or

indeed he is not mentioned at all, and that one man is—the Secretary of State for the Colonies.

The old thing over again—New Zealand will be governed from Downing-street. It sounded mightily liberal —almost startlingly so—to read of Legislative Councils wholly elective, but when we come to look into the matter, we find that nomineeism is the chief element of this new Constitution, and its influence, is secured with a certainty unknown to any other form of Government. The upper Chamber is to consist exclusively of members nominated by the Governor-in-Chief, and its acts are, for so it is provided, to over-ride those of the other representative bodies. The power of the Provincial Councils is not only limited by fourteen prohibitory restrictions which include everything, but their decisions may in any case be over-ruled by the Central Legislature, which is restricted in nothing. The upper Chamber will represent nothing but the voice of the Governor-in-Chief, and he will represent the instructions of the Secretary of State. It is imperial authority predominant in all important matters ; it is the Crown interfering in local self-government; it is enforcing the will of the Secretary of State in opposition to the voice of the people. Had the highest body coutained an element of popular representation, then there might have been a prospect of an occasional success, but with a Chamber wholly nominated by the Crown, the principle of representation will be virtually extinguished, whenever the Crown and the people are at issue. In addition to this supremacy given the Governor, he has, also, to prevent every possible mischance, the power of veto by reserving any measure for her Majesty's assent. Why, this is the constitution of France—the Prince President's own construction-—not a constitution for Englishmen. Just such an one Louis Napoleon might, with perfect consistency in his notions of liberty, confer upon the colony of Algeria. I have said this much as to the general principles of the Bill, because it augurs unfavourably for your Colonies. Sir John Pakington adheres to all the errors of his predecessors. There is the nominee element in a worse form, restricted power in the local legislatures, a reserved schedule, and an expedient for settling everything in Downing-street.

As to the applicability of such complicated machinery to the circumstances of New Zealand, I need not express an opinion, as these circumstances differ in no material respects from the condition of other colonies. The future prosperity of New Zealand will grow out of the peculiarities which have rendered her progress comparatively slow. As an infant colony she has too many ports and settlements. Centralisation has certainly a progressive tendency in young communities ; early strength is lost by dispersion and division. Yet, ultimately, these causes of slow progress in New Zealand may become its chief advantages. In the mean time, however, legislation is undoubtedly rendered more difficult, and it would be satisfactory to see the principal of local self-man-agement applied if in reality it was intended to confer that power. But when we know that the late Secretary of State, by a despatch to the Governors of the Australian Colonies, cut off the power of the legislatures upon so purely a local concern as voting the salaries of certain public offiicers, it is certain that in all material interests the Home Government will be the Local Government, under the Constitution wdiich has gained Sir John Pakington credit and applause for liberality.

Wool.—A meeting was held at Leeds on the 12th of May for the purpose of taking into consideration the supply of Wool from the Australian Colonies. Sir George Goodman was called to the chair, and Captain Stanley Carr addressed the meeting-respecting the great want of labour in the Australian Colonies. A resolution was passed, expressing an opinion that the supply of Wool would be materially affected by the Gold Diggings, unless effectual measures were taken to supply the requisite labour. It was resolved, that a duputation of merchants should wait upon the Government, and a local Association be formed for the purpose of assisting emigration by loans to emigrate, of which Sir George Goodman was named chairman. The next sales of Colonial Wool were to commence on the 20th May, and it was expected that competition will lead to a considerable advance in prices. There are between twenty and thirty thousand bales to be offered, and other arrivals are hourly expected.