NEW ZEALAND CONSTITUTION ACT, 1852.

New Zealand Herald, Volume XI, Issue 4049, 4 November 1874, Page 3

NEW ZEALAND CONSTITUTION ACT, 1852.

To tlic Editor of the Herald. S rR) —When the Constitution Act of New Zc.il.mtl was passed in 1552, the British Parliament was in a state of dissolution ; but the numbers who took part in the debate arranged to allow the bill to pass however much they might objeefcto some of its peculiar provisions. What was chiefly insisted upon was its approval by those who were said to represent the wishes of the colonists of Auckland, whose number was equal to the average 1 of two of the other provinces, " being more than one-third of the whole colony." But the representatives of Auckland knew nothing until it was too late to remonstrate. On going into committee, on the bill Sir Joliu Pakington presented several petitions, the last of these petition, lie said, was from Air. Gibbon "Wakefield, who with his usual ability, discussed the subject and earnestly prayed that it might become law. Air. Gladstone, in reply to previous speakers said, "Take, said the Honorable Member for Southwark, Sir "William Molesworth, the central Legislature and make it the fountain of power. Ou the other baud) I say, let the district Legislature be for New Zealand, and under its circumstances the fountain of power. But I do not think

that this Sill proceeds consistently either on the one principle or on the other, and concurrent jurisdiction, I must confess, are to me subjects of apprehension and alarm. A concurrent jurisdiction in the business of legislation means uncertainty, conflict, and confusion. The overriding of arrangements already made under authority deemed competent by extraneous power, must ever lead to annoyance and angry feeling. What reason can there be if these district Legislatures are tit to deal with, the subjects tnat come before them, — what reason can there be that their decisions should be subject to revision t"

Sir William Moleswortli said that the General Assembly of Xe\v Zealand would ultimately cat up—"mark the words"—the Provincial Legislatures, and reduce them to municipalities.

The Duke of Newcastle said that either the Central Government would sicalllaw up the minor Legislatures, or that the minor Legislatures would eventually render useless and cause the abolition of the Central Legislature. But the House being in a state of dissolution, the Act was permitted to pass with all its acknowledged imperfections.

The first three superintendents for Auckland, who were elected under the provisions of the Act of 1552, successively resigned before the expiry of the period for which they were elected, the term of office being four years.

The Jirst superintendent, who was also Lieutenant Governor, resigned because of the incompatibility of the office. The next lico retired for reasons which wore well known at the time. We can understand a set of adventurers banding themselves together and endeavouring by their united talent to frame a Constitution that would give full scope to their ideas of managing a young colony according to their own particular wishes. Auckland was to bo governed in one way. Wellington and other provinces in another. Mr. Gibbon Wakefield wrote to the Duke of Newcastle complaining that the General Assembly should meet at Auckland, and not at Wellington, stating that it became him, as one of the principal authors of the Constitution, and as one of the principal founders of the colony, to iloclarc publicly against .the present policy of the Government.

The Constitution Act has undergone various changes to accomplish some temporary expediency of men in oilice, but the effect of these alterations has almost invariably been to enlarge and complicate the machinery of the Government, and the overriding powers of the Gencial Government and Legislature have made it impossible to administer iu any of the provinces the simple functions which belong to a subordinate Legislature. Provincial Governments declare loudly iu favour of retrenchment, and session after session is wasted making Acts, to be in due time disallowed by the Governor. Very few of our Councillors seem to trouble themselves about the enormous cost of such misgovernment, and fewer still to ascertain the ratio of expenditure, when compared with other countries. It is beyond all question that the Constitution granted to scw Zealand by the Act of 1552, with the alterations that it lias since undergone, has failed in producing the true ends and objects of Government. The present condition of the N cw Zealand provinces can only be described as that of an organised anarchy. The natives could well understand and appreciate the position of the Governor, representing the authority of the Queen, but Superintendents and responsible .Ministers appeared to them altogether incomprehensible. Now, what docs all this amount of government do for us'r lam persuaded that whoever will take the trouble to enter fully into an investigation of our government system will be the most fully convinced that, in the history of governments, New Zealand stands alone, the governing class being so disproportioned to the rest of the people.

The whole system has been erected on a false basis, that has its legitimate issue in extravagance of the grossest sort. 7n iSiil the General Assembly made a return shewing that every 25th male adult was in receipt of a salary from the public, t-lio average rate being £154 per annum. Since then Governor Grey's "Institution of Native Government," which the General Assembly acceded to by giving the Governor authority to appropriate at his discretion £23,000 per annum for salaries to native assessors, wardens, and constable.?, did, as a matter of course, lead to the appointment of commissioners and resident magistrates all over the colony, so that in January, ISGI, 201 new oflices had been created under the General Government, and £12,000 per annum added to existing salaries. I appeal to facts, and to those most conversant with the working of the Native Otliee, if I am not right in asserting that, instead of having the tendency to keep down offenders and troublesome natives, it has i>rodueed the opposite results. Intelligent natives saw quickly through this web of gossamer, and said : "If thieves and murderers get money to keep them quiet, we too must obstruct the Government in every way in order to get money. If we remain quiet and peaceable, we get nothing; whereas the Maori King and troublesome chiefs get many advantages from the Government. We must begin and rob the pakcha, for what is the salary of a Maori Magistrate to what a great robber gets." .My firm belief is, that had New Zealand a change of Constitution, and the county system established, and internally managed by twelve intelligent and energetic men, that our native difficulty woulil soon cease, and the natives themselves join with the countymen and attend to their own interests within their own boundaries, without reference to the anomalous officialism at present in force, their interests would be at once attended to and red-tapeism be at a discount. When any change i.s proposed in the Constitution of any oueof the I'nited States of America, there is a "special convention" for the purpose, at which deputies are elected to consider the specific changes proposed. (Jut the Home Government set aside the only legitimate expressions of wishes of the colonists of the .Northern province which have been sent to Kngland. The province of Auckland has freely given up many rights and privileges. The city of Auckland was by express proclamation of the Queen made the capital of New Zealand, yet Auckland gave up her natural advantages and superiority, anil was content to have the undisturbed management of her own affairs without the interference of outsiders. The Constitution Act of 1552 was evidently unpalatable to the people of Auckland, for we Hud the Provincial Council, in December of the next year (1553), petitioning Her Majesty aud both Houses of Parliament against it, and in ISSS, ISSS, and 15152 they again sent petitions complaining of the anomalous and unprecedented character of the Constitution, which confederated six provinces, each as distinct from the rest as any colony that was ever planted, these six provinces being under one General Government and Legislature,—-the said Government aud Legislature having full power to abrogate the acts of the local Legislature aud authorities of the separate provinces, thus subjecting the interests of the people of each province to the Mall of the majority of a few persons whose interests, iu most instances, were antagonistic to theirs. The remarkable petition of ISGS, "to the Queen only/' was signed by nearly every male adult in the province. All these petitions have shared the same fate, and Auckland is left to groan and bleed under her wrongs. When America was much older than New Zealand, her ratio of taxation was very small. A document printed for the Senate iu 1532 states that the total amount of taxation per head of the population was only 9s. But in 1554 the total taxation had reached 17s a head oE the population, viz., of the Government of the United States, including army and navy, diplomacy aud foreign relations, about Ss ; and of the state of domestic Government, including clergy, road-building, militia, poor rates, town expenses, schools, and county expenses," about 9s; thus making the total ratio of taxation in 1854 17s per head. We will now compare the ratio of National Debt and Customs duties of the several Australasian colonies per head of the population, with that of

Great Britain, from comparatively recent re-j tarns *—— National Debt. Customs. South Australia .. .. £6 8 6 £17 0 Xew South Wales .. 11 5 0 1 15* 0 Queensland 13 10 0 2 G 1 Victoria 15 14 10 2 6 4 New Zealand .. .. 5S 0 0 6 2 6 Great Britain .. .. 24 0 0 211 7$ Rate per head of Customs duties of seventeen States compared "with that of New Zealand :— X< va Scotia £0 5 0 Canada ~O7<J Prince Edward Island .. .. .. 07 0 New Brunswick ~ .. 070 0 Russia 0 16 S United States o! America, 1832 .. .. 0 0 0 „ „ 18 51 .. .. 017 0 .» a ~ ISG3 (after the war 270 » >> ) > IS7O .. 2 0 0 In IS7I, 1572, 1873, large amounts have been taken from the National Debt. Austria £10 0 Italy 100 Ireland 1 2 10 France before the last great war, including her immense army and navy .. ..130 And assuming the Prussian indemnity and new obligations to be .£300,000,000, this will make a tax per licad of the population of 4 5 0 Australia 170 1 10 0 >.t\v Eolith Walt S 1 15 0 Victoria 2 5 3 Queensland 2 6 -i Hol'aml .. .. 2 <J 8 England V. 2 11 7 Aew Zo tland c 2 0 And, unfortunately, tliis is the best face that we can put Oil it. Sir David Jlunro, in a letter to the Nelson Reform Association, states that the actual sum per head of the population iu the form of taxation was •t'G 2s Oil; but the real amount, including interest 011 borrowed money, was .ill 3s 9d. This calculation was criticised at the time, and said to be incorrect; but if it was incorrect then, it is not incorrect now. Compare, then, these figures with the sixteen States, as above tabulated, and wisely consider the present position of New Zealand. We have committed ourselves to a vast borrowing policy, and unity and discretion can alone pilot us through it. I' 1 or Xew Zealand to be iu the present position of Western Australia as regards liabilities, we mustonce have landed 011 our shores about one and a-half millions of adult workers, and this large additional working power must be fairly paid, so as to bear their fair share of the taxes of the colony. In order, however, to form some estimate of what is required iu this direction, we will suppose that 500 ships shall leave England and other foreign ports for New Zealand next year, and that each ship shall land on our shores 300 adults, this will increase our population for next year 150,000 ; but these 500 ships must steadily continue to do tlic same for ten years, in order to introduce a million and a-half of tax-bearers. When we look at this statement,- and our position in relation to Western Australia, we naturally cry out—lmpossible, impossible ! A day of reckoning will surely come, and the owners of real 2>roperty Mill find that out to their cost.

The Southern provinces came into their splendid landed estate at a merely nominal cost. Auckland, on the other hand, had to extinguish the Native title at such an expense that, with the cost of surveys, left little or 110 profit. Auckland was finally deprived the right of pre-emption, aud whatever benefit was derivable from the laud was given to the Maoris.

The so-called compact of ISuG was unique in its way. A certain number of gentlemen sit down to divide the common property of the colony. To the province of Auckland they give one 42nd part of the revenue, while, by her population, she is entitled to nearly one 4th; and our Southern friends call tiiis a btiryain. By this so-called bargain, the province of Auckland has been deprived of about one million three hundred thousand pounds sterling—from which, however, has to be deducted in round numbers two hundred thousand pounds, as ail equivalent for about half a millionacresof land given away by the province, on account of land orders, since ISuS—leaving a balance due the province of Auckland of more than a million pounds sterling. The Icrrit < rl.ti revenue of .ill the province-, froi.i the lsu of April, ISSO, to the 31.* i December, ISCS, Muouutoil to £4,lS2»C'2£ That-of Anckl-uul to the s;mo ilj'.tc .. 131,710 The population of thn colony In IS7I was 257,12-1 souls. The population of the proviuceof Auckland in the sauie year wad .. .. 02,357 „ The population of the province of Auckland is nearly one-fourth of the colony ; but its proportion of the land revenue is less than one-thirtieth. Auckl.mil received in round numbers, «£SS,SIO 0 0 Bat Au'ifchnM's true proportion was, from ISSC to ISGS 000,000 0 0 Leaving a brxlauco duo to Auckland of £311,500 0 0 It is interesting to compare the general charges against Auckland and Canterbury when compared with their land and surplus ordinary revenue. Surplus General Ordinary. .Laud. Charge. Auckland, 'ISGI-2, £7,021 £yi,3Sl Canterbury, IS 1-2. 20,007 204,001 18,370 Auckland. IWS-t, 02,3*7 9,oS'J 54,317 Canterbury, ISG3-4, 30,520 255,*73 3S/JS2 The surplus ordinary revenue of the province of Auckland, in ISGI-2, was £36,960, and rose r:ipidly, so that in lSl>4-5 it was £103,210, and although the land revenue was very small, yet the general charges had risen to £09,404. Again, — £. s. d. The land revenue nf Auckland for .. the year IS7O-1 .. .. .. 371 5 O Canterbury, diito G3.-102 17 0 Otago. ditto lll>,l)9D 4 10 Auckland land revenue for IS7I-2 .. 39G 11 0 Canterbury, ditto 117.523 11 3 Otago, ditto 171,563 i 6 While the united laud revenue of the provinces of Canterbury aud Otago for 1572-3 is in round numbers abuut £SOO,OOO, and with this enormous wealth in b.nd revenue these two pet provinces are to remain, separate colonies, wliilo the Northern provinces are to be abolished, it remains with the people of the other provinces to say whether or not they will submit to this sort of class legislation.

Iu ISSO, the province of Auckland had 9313 acres in crop with a population of 5960. In the same year, Otago had only 510 acres in crop and a population of 1452, while Canterbury had not an acre in crop aud only 2500 of a population ; aud now in tliis year, 1574, Auckland, plundered as she has been, is still able to maintain a bold front, having four and a half parts of the entire population of the colony. If the provinces are destined to go, in the name of prudence, justice, and fair-play let them all go together. If the seat of Government is to be at Wellington—don't fight about that, steam anel the telegraph will sooa bridge over the distance between the thirty new counties and the centre of Government.

I have ever been an advocate for the division of New Zealand into counties. X think that the common interests of the county will call to the front the foremost men of the shire. Twelve such men meeting at a centre once a year to deliberate on the public concerns of the county would exert a powerful influence for good on every class. The county would elect a representative for the House of Assembly who, although left to the freedom of his own will, would nevertheless act as a delegate in matters appertaining to the financial state of the district. The representative of the county would, according to law, bring back from the Assembly the fair share of revenue belonging to the shire in the form of a deposit receipt; the public works would go on with spirit, and in accordance with the revenue, and real progress take root and flourish. War. Oioiistox. Auckland, November 2, 1574.