Untitled

Taranaki Herald, Volume I, Issue 24, 12 January 1853, Page 2

The Constitution Act after erecting the seveial settlements into provinces, and giving to each a .Superintendent and a Provincial | Council proceeds to provide a central executive and legislature to be called the General Assembly, whose duty it will be to direct the general affairs of the entire colony. This Assembly will consist of a Governor appointed by the Crown ; a lo^is'ative assembly of not fewer than ten members, appointed by the Governor for life j and a House of Representatives consisting of not more than 42, nor less than 24 members, elected by and from the electors of each province. Before entering upon a review of the se■perate functions of these brandies of the central Government, it may be as wel! to glance at the powers they are invested with collectively. In doing this it is essential that we should come to a right understanding of the spirit and intention of the entire measure. Its most important object is clearly to place in the Provincial Councils of these settlements as much of a self-governing power as regards all their local and internal requirements as convett'ently as may be ; and to avoid as much as possible the inconvenience and delay consequent upon a reference of those measures to the central government ; and if the Governor and the Superintendents of provinces rightly understand their duties in this regard, they will offer every facility to the Provincial Councils in their task. Both the Governor and the Superintendents possess great obstructive powers, but^the common sense view is that they are invested with those powers only to secure the people of the various settlements against the possibilily of mischievous legislation, and while used witfi reference to this end, they will be held in regard and ctimation. j A like view of the spirit of these institutisns will also prevent the General Assembly from interfering with, or iv any way

controling the measures which those councils arc empowered to frame ; confining the exctcise of its powcts of supervision to such measures only as may bo considered opposed to the general intetests of the co'ony ; or which trench upon the jurisdiction of tho Assembly, or the interests or jurisdiction of other provinces. Thus if the General Assembly, and the Provincial Councils have a just and enlightened view of the authority reposed in them, and a true regard of the distinctness of their duties, each will look with scrupu-? care that no precedents are originated in the early days of these new institutions, in any way conlroling their powers as distinct and efficient authorities ; and particularly, the House of Representatives, would by assuming, or consenting to the assumption by the General Assembly of any such powers be striking directly at the root of tho privelcges which rightly viewed, this measure is intended to secure to the several provinces into which it divides these islands ; and wou'd by such a course for a time compromise the interest they will be bound alike as citizens and representatives to establish and preserve intact. By the 19th clause of tho statute under consideration, the following subjects are excluded from the legislative powers of the Provincial Councils, and may, it is presumed) be considered as exclusively and specifically apportioned to the General Assembly of the colony ; qualified in some instances by the necessity of a reference to the Home Government— of which more hereafter, 1. The imposition or regulation of duties of Cms- ' tomi to bo imposed on the importation or exporta. (ton of any goods at an; port or plscs in the pro» vinoc. 2. The establishment or nbolition of any Cuurt of judicature of civil or criminal jurisdiction, except courts for trying nnd punishing tucli offences m by tho law of New Zealand aro or may be innde punHinblc in n iiimmary way, or filtering tha constitution, jurisdiction, or pracu'ee of any such court, e>« cept ns aforesaid, 3. Rogulsting nny of the current coin, or the Issue of any bills, notci, or other paper currency. 4 Regulating the weight* and measures to be u«cd in the province or in nny part thereof. 5. Regulating I lie post offices and tbo carriago of letters within tbo province, G. Establishing, altering, or repealing Intrs relating to bankruptcy or insolvency. 7. The erection end maintenance of beacons and lighthouse! on the coast. 8. Tho imposition of tny dues or other charges on ihlppiug at any port or harbour in tl.c pro* vinco. 9. Regulating marriage*. 10. Affecting lands of the Crown, or lands to which the title of the nbotlginal native owners has never been extinguished. 11. Inflicting any disabilities or restrictions on penont of the nstivc race to which persons of Euro« pcan birth or descent would not also be subjected. 12. Altering in any way the criminal law of New Zealand, except so far as relates to the trial ami punishment of such offences as are now or mny by the criminal law of Now Zealand bo punishable In a criminal way at iforesnid. 13. Regulating tilt counc of inheritance of real or personal property, or Effecting tlic law relating to wills. The Ist, sth, 7th, and Bth of these clauses naturally belong tothe^njwers which the legislative government of the colony should possess in the fullest extent, and in which delay or uncertainty might materially affect the well being of the several settlements ; and all such measures clearly come" within the scope of those which the paramount authority here might consider its duty to assent to without reference or delay such measures having been first duly considefeil^and forwaro*c4~-^b_y the legislative branches. The 2nd, 6th, 9th, 11th, lSihr^ndUfti clauses relate to the Coutt3 of law^and the conservation generally of the principles of the English Law and its administration.

These are matters of moment to society, and too great care cannot be observed in dealing with them. The permanency of the law ; the purity of its administration ; and the certainty of its operation are of the utmost importance ; cannot be too much respected ; too cautiously guarded I and consequently the baneful effects of crude and inefficient alreration are to be avoided with scrupulous care. It should therefore be matter of congrntulation, rather than of complaint that the home legislature has left a discretionary power in the highest authority here to submit such measures to the Government at home, before they become of force amongst us, and we are consequently inclined to admit that a proper prudence will be exercised in taking advantage of the revision which this arrangement offers in snch matters. It will be seen that there is an exception made in the 2nd and 12th of these excluding clauses in favor of the legislative powers of the Provincial Councils, as regards courts having summary jurisdiction, the controling of which courts it is to be presumed the exception is intended lo vest in the several Provincil Councils. The 3rd and 4th clauses of these exceptions relate to the coinage and weights and measures, which public convenience requires, should be of general agreement and operation ; and these are well referred to the collective judgment of the provinces in tho General Assembly. The 10th clause affecting the lands of the Crown, and all dealings for land with natives, is important to the position of this settlement. J3y the 72nd clause of the Act General Assembly is invested with the power " lo make laws for regulating the sale : letting, disposal, and occupation of the waste lands of the Crown in New Zealand subject to the claim of the Now Zealand Company as allowed by the 74th section : but until the General Assembly shall otherwise enact it shall be lawful for her Majesty to tegnlate the same by instructions under the signet and royal sign manual . The 73rd section, however, continues the existing restrictions upon the acquirement of lands from Iho natives by enacting that it shall not be lawful for any person, other than her Majesty, her heirs, or successors, to purchase, or in any other way 'acquire," &c, but a very important qualification is comprised in the proviso to this section, viz., that her Majesty may by instrudions under the signet and royal sign manual, or signified through one of her Majesty's principal Secretaries of Stale delegate such powers to the Governor of New Zealand, or to the Superintendent of any province. [To be continued.]

It has been remarked that in our notices of the Societies established in New Plymouth, having for their object the cultivation and improvement of the people, we have made no mention of the Mechanics' Institute. — The truth is we have been looking about for some cause which might explain why this society has not grown into that consideration and-fixtensive usefulness, which might "have been r«asonably expected from an undertaking fraught apparently with so many possible benefits to the rising generation of this settlement ; and which has received so much disinterested assistance. The Originators doubtless deserve well of us for their labours in so worthy a cause ; and the high qualifications they have brought to their benevolent task, make us diffident of our opinions ; but it is said there -tfwhdom in the multip'icily of connsel ; and feeling that there can be no chance of misapprehension we propose adding our modicum to the amount.

And, first, docs not this undertaking par- I take more of the character of a literary and scientific nsscoiation than its title indicates, I or, than is desirable, regard being had to the . objects sought to be accomplished by the undertaking. Originated by msn of education and attainments, it would seem that their patriotic endeavours have been somewhat misled by an over anxiety for their offspring. They may be compared with those very tender ! nurses described by a humourous poet — " Who cuddlo their children till (hey overlay them." The originators of this institution having by the peenniary aid and intelligent exertions they volunteered, set it going, should we would suggest have retired in a great ' measure from the management of its concerns, having first inaugurated in their . places some of the most intelligent of the class for whose benefit more especially it was begun ; reserving to themselves only distant periodical visitations, and a revision of the management and concerns of the institution, and the appointment of officers. Any attempt to amalgamate the dual objects of a literary and scientific institution and a Mechanics' Institute will prove a failure. A slight consideration of the objects of each being only necessary to prove the utter impracticability of such a junction with any probability of effecting both objects. If the difficulty is great where tho education of the parties to each is very much nearer assimilated ; here, where the line of demarcation in so broad and decided, it will be impossible, inasmuch as the aims of the two must be so essentially different. The objects to be attained in one case being literary and scientific culture blended with refined amusements j in the other the very rudiments of useful education, with a view to/more elevated studies, and inducing a love for intellectual pursuits. We believe the latter objects will be best attained by instituting classes and appointing instructors ; making this subserve as far as possible the introduction of a system of mutual instruction — to which might be added with considerable benefit, frequent lectures of a purely elementary character illustrating the subjects to which recent instruction may have been more particularly directed. But the main point is to encourage the uneducated to take advantage of the institution, ant this wi I be best done by leaving matters as much to their own management as is consistent with useful education. Very many of the class for which this institution was intended, have a great objection and natural diffidence of making a show of their "diffidences ; of this character are probably the best informed of the class ; and this sensitiveness, so valuable an auxilliary to progress, should be encouraged as much as possible. We have ventured these few observations out of sheer anxiety for the objects sought to be attained by the institution, hoping that ont of a reconsideration of the subject some tangible and effective system of man - agement may be struck out.