THE PROVINCIAL COUNCILS' BILL.

Otago Witness, Issue 63, 31 July 1852, Page 3

THE PROVINCIAL COUNCILS' BILL.

(From, the Southern Cross.)

Having furnished our readers with a copy of the Ordinance under which the forthcoming Provincial Council is to be constituted, we proceed to offer a few observations upon some of its most material defects.

It would be a work of supererogation to rehearse all the strenuous objections which we, in common with the vast majority of the colonists of New Zealand, took to this act when first submitted as a rough draft for the community to swallow. These objections are on record, and are altogether unchanged by the trivial modifications of the Bill in its passage through Council. Still as it is a Bill which we shall be compelled to receive, it becomes our duty to inquire in what manner it may be worked, so that, if unproductive of good, it maybe made as preventive of mischief as possible.

We have uniformly designated this Ordinance a " Bill of Pretence," and it would be well for the colonists to investigate whether our appellation be correct or incorrect. Passing by the monstrous absurdity of an absolute Governor and his Nominee Council being the instruments to frame an Act, professing to concede Local Self-Government to the colony they over-ride, let us turn to the character of the franchise. The eulogists cf the Bill have lauded its electoral liberality as something very closely akin to universal suffrage. But why, we ask, should it have remained only closely akin ? Why should not universal suffrage have been frankly and feai-lessly conceded ? We should have rejoiced to have seen the right to elect the man of his choice permitted to every adult; convinced that the aim of every true and independent colonist would only be to place the best man at the head of the poll. Universal suffrage — whatever the objections to its exercise in England — ought to be the privilege of the colonies ; and were it only made law, what a vast deal of time, trouble, and heart-burning would be saved in the invidious office of registering electors.

In the forthcoming Council the offensive Ko:uIKEK element is still retained. We may be told, it has been restricted in the proportion of one-third to two-thirds of a Representative admixture. Very good. Let us try to analyse these conflicting ingredients.

We shall suppose the Council to consist of eighteen members ; six Nominees and twelve Representatives. Here, of course, is a seeming preponderance of six votes in the popular scale. But there is such a thing as government influence in all countries and colonies. And, — alas that it should be so, — there are always easygoing, meek-minded men of the people, who, by a smile of power, or a soft word, in a moment of softness, are to be managed. Now, were it possible to sophisticate three such patriots, in any division in which the Governor was interested, the votes, in a full house, would be evenly balanced ; but if besides, one of such a complaisant trio should chance to be the Speaker, (and such contingencies have occurred) why, the Government of course would command a majority. The Nominee element is a most unconstitutional one. If Legislative Assemblies thus constituted be carefully considered, they will be found to be far more formidable from the instructions under which they act, than from any degree of intelligence they exhibit in debate. They have but to act j

and to deceive, by seeming to argue ! Therefore, as a party they are always prepared ; and invariably ready to take every advantage of honest representative differences, throwing their weight into whichever scale the Government may require. This it is that renders Nomineeism, so dangerous and so detestable. The most imbecile government staff is always to be dreaded ; for however contemptible their powers of persuasion, their strength of voting is too often irresistible.

We are quite ready to admit that, however defective in its general bearing, the intermixture of representatives is a decided improvement upon a Council formerly exclusively composed of Nominees ; and those Nominees destitute of all power of initiating any measure of their own, unless by express permission of the Chief Dictator. The mere permission to introduce an act is something gained ; for even should it be outvoted or vetoed, it will be a means to induce the colonists to persevere in advocating their rights ; besides, it will suffice to draw attention to proved grievances, — to aid colonial progress, — and ultimately to overthrow the schemes of every unjust Governor.

The most striking, practical objections to the Provincial Councils' Constitution are these :—: — The Council is peremptorily prevented from all Legislative consideration of the Customs Laws : in other words, from every inquiry into the main source of the colonial revenue, — whether with a view either to modify or amend it.

The Council is also inhibited from altering or enacting any laws affecting the Waste Lands of the Crown ; or for ameliorating or removing the exclusive and oppressive laws affecting the lands of aboriginal native owners.

The main strength of the Council, in our opinion — supposing its representative members to be men thoroughly hearted in the cause of their adopted country — lies in the power of enacting laws of their own, than in controlling the heretofore uncontrollable edicts of the Dictator.

With respect to laws of their own, we look upon the permission to introduce a Bill as a mere amusing piece of make-believe. And why ? Simply because the Governor-in-Chief reserves to himself the power of cancelling any ordinance that may have been enacted, assented to, and even carried into operation; provided his Excellency shall determine so to do within six months of the ordinance reaching him. So that, amidst the multiplicity of his Excellency's pic-nic, pedestrian, water, and other pleasure parties, a law of paramount consequence to the prosperity of New Zealand might be from twelve to eighteen months in operation, and then, suddenly cut short by the ' sic volo sic jubeo' of the Governor-in-Chief!

There is another insuperable objection to this hybrid Constitution to be found in the 2<3th clause of its enactment, whereby the General Legislative Council of New Zealand — such, for example, as that which passed this very Act at Wellington, comprising eleven officials and four nominees — retains the power of making such appropriation of the Provincial Revenue as they may think proper; thereby degrading the Provincial Council to the position of a mere Jackall to provide their supplies !

However outrageous in principle, such a power is utterly subversive of all provincial authority in practice ; since the Governor-in-Chief may at any moment convene a batch of obsequious nominees, and, with their assistance, over-ride, over-rule, and utterly subvert all the Acts of the people's representatives in Provincial Council assembled.

These are a few of the most prominent objections to this famous Bill of Pretence, styled the Provincial Councils Ordinance of New Zealand. As it cannot be rejected, our only course is to consider how it may be rendered least injurious to the Colonists. — We say, by exercising the greatest care and consideration in electing the best men to represent the people. — Name or station will by no means suffice. — We must have active, earnest, uncompromising men — men of independence and intelligence — men with a sensitive respect for their own honour, and with a true regard for their adopted country. Such men — with a Constitution little better than this — Van Diemcn's Land has sent to her Councils ; and the manner and the manliness of their votes have, proved that their country has not selected them in vain.

Such men are no doubt to be found in New Ulster; but, in order to secure their return, the electoral lists must be carefully and actively scrutinized — not with a view to offer objections to any name, but in order to make sure that every available colonist shall be duly enrolled. We can, therefore, but reiterate — Register! Register ! ! Register ! ! !— And Heaven defend the right !

Tricks practised on Gold Diggers. — When Hamlet amuses himself with teasing the courtiers who have been sent to " pump" him

on the subject of his disquietude, one of them* a little shrewder than his fellow, says, "It needs no ghost* my lord, to come from the grave, to tell us this !" A similar remark might be made to the Argus, which has at last come out with its long-promised revelations respecting the ways in which certain of the gold brokers of Melbourne cheat the gold diggers. It bays, — " the tricks practised are various ; so various, that it is impossible to enumerate them* The principal ones are dishonest scales and weights — the former most particularly. Perhaps many of our mining friends may scarcely be possessed of sufficient knowledge of mechanics to be aware that, although the beam of a pair of scales may be perfectly level, and the scales themselves appear exactly true, if one end of the beam is made lighter and longer: than the other, the leverage upon the longer arm is so much greater, that a weight placed in that scale will very considerably outweigh a similar weight placed in the other scale. In a matter of such value as gold, one-eighth, of even a sixteenth of an inch difference in this respect would yield a most enormous profit to a man purchasing numerous small parcels every day ; and we hear that there are many such scales in use, by which extensive frauds are practised. A careful watch must be kept that that the beam is not tampered with, as there are other dishonest systems also practised, such as the altering of the balance by the mere withdrawal of a pin, or the shifting of a screw, which will defeat any but the most cautious observation. A number of weights are thrown into one scale, the gold is poured into the other. The broker is a gentleman pressed with the hurry of extensive business, and therefore a little bustle is to be excused. But the digger little imagines that this bustle is assumed for the express purpose of swindling him out of a few ounces of his precious metal. " Seven, — • and four's eleven — and three's fourteen — and six is nineteen" — says the broker in his rattling off-hand style — " and six is twenty-three — and eight's thirty-one — and nine's thirty-nine ounces — and ten pennyweights — thirty-nine ounces ten pennyweights, sir;" one hundred and eighteen pounds ten shillings ; here's your money, sir ;" and the gold is summarily pitched upon another heap previously purchased ; and the poor, bustled, hurried digger leaves the shop, staring and doubtful, but swindled out of eight or ten pounds worth of his hard earnings." — Geelong Intelligences.

A correspondent, in writing to the above paper, says — " Entertaining the idea of a possibility of a serious check to digging operations, whether from exhaustion of the auriferous metal, or from the inclemency of the winter, what would the consequence be, if, on actual necessity, a reflux of the population at the gold fields upon the towns, — a flood of human beings, forced back upon the limited resources and accommodations of Melbourne and Geelong, — should take place ? Where would the concentration of human beings, accumulated from the neighbouring colonies, be housed, clad, and fed? How would the public safety be provided for, and property protected ? Labour, wanting its present outlet, would be superabundant ; food would be still high, employment scarce, and labour a drug in the market. Poverty would ensue, crime culminate, and Anarchy be proclaimed king of all."

To get Rid of Flies.— To drive flies out of rooms, take half a teaspoonful of black pepper (ground) ; one teaspoonful of preserves ; and a tablespoonful of cream ; mix well together, and then place on a plate at ihe spot where the flies are most troublesome. The insects will shortly disappear.

Colonial Loyalty. — Loyalty is a relative term, the proper meaning of which is a love of law and order. It is almost always those who, possessing power, use it, despite of law and order, for some selfish purpose, who are the loudest and first in accusing their censurers of disloyalty. But the boy who has cried " wolf" so long, when there was no wolf, when the wolf really comes, Mill be left to his fate. The real enemies of England's crown in the colonies are those, be they governors or others, who, after having invaded every right of its free subjects, fix on them the false charge of disloyalty. Let those subjects only he treated by the crown by pertinacious adherence to the imputation, and the truth will come out, that there are other things dearer than imperial claims, which require to bo sustained, and which it is the highest loyalty to defend.— EMPlßE. Wages at Home and Abroad. — According to the Factory Commissioners' Report on operative works in England, 69 hours for 11s. ; in America, 78 hours for 10s. ; in France, 72 to 84 hours for ss. Bd. ; in Switzerland, 78 to 84 hours- for 4s. 5d. ; in Tyrol, 73 to 80 hours for 45.; in Saxony, 72 hours for 35."6d.5 iurßoira. (Germany) 94 hours for 2s. 6d. \ "L," L , \ *'