The "We are the more impressed with the expediency of some such arrangement, because we are convinced that it is essential to secure in each settlement the services of the leading colonists as officers of its corporation, since those officers are to choose the members for the representative chamber of their provincial assembly. colonists who are the most fit for this important trust might be unwilling to exercise it, if with its exercise were coupled the necessity of acting as common councilman or alderman of a borough, confined in its powers like those of England and Wales." And they further said— "If the officers of the corporation are to perform duties such as those of an alderman or common councilman of an English town or borough, we object strongly to their having a voice in choosing members for the provincial house of best colonists will not have consented to perform representatives, because, as we before stated, the the ungenial duties in order to secure the vote. But if the municipal corporation' possess the township' powers which we have above recommended, its offices would confer sufficient dignity and importance to induce the best colonists to accept them; and they, being the élite, as it were, of the general body of electors, might, without disadvantage, be empowered to select the representatives. We approach the question of franchise with some diffidence, because we are unaware how far our views as to the large local powers necessary for the municipal corporations' will be agreed to by Her Majesty's Government. We should, however, be unwilling to give an opinion as to what qualification would secure success to the scheme if the municipal corporations were to have only the powers of bodies which bear that name in England and Wales, aristocracy. Anything like an aristocracy | superior class would decline to work with was wanting. It was essentially an ultra- them. These parties said— democratic constitution, and there was no prestige about it, such as in older communities conciliated love and respect for established institutions. The constitution was, in fact, without any check; and how was it to be limited? Solely by the ability, or rather by the acquirement of so much learning, as would enable those who received the franchise to read and write English. Now, Sir, I must say if ever there was a plan cunningly devised to produce not friendship but hostility-not to promote but to prevent the amalgamation of the native population with the English settlers-it was this which the noble Lord I was in such haste to enact. If ever there was a plan to postpone indefinitely the amalgamation of the two races-a plan most successfully to separate them-it was this. Why, Sir, we have the authority of Governor Grey, in this very book that has been laid before us, that there is not in the entire colony a single native who can read or write English. Some of them speak English, and "the great majority of the native population can read and write their own language fluently." But remember" none can read or write English." How then could this universal suffrage to the English settlers, but which deprived the whole native race of the franchise, produce anything but ill-will between the two races? If anything could excite the jealousy of this jealous people, this was the elaborate and at the same time simple such bodies were totally distinct from those of choosing a representative." scheme for effecting that object. And the noble Lord was forewarned of it. I have I will not read any farther extracts upon a paper here which proves that there were this point. I have read enough to show four leading colonists who were then resid- how anxious these colonists were that the ing in this country, who gave him reasons municipal corporations should have a more of a sound and practical nature, which extended form; and that if the noble Lord should have made him pause before send-persisted in maintaining them in the position ing out that constitution, but which nevertheless seemed to have received no consideration at his hands. They dwell most strongly on the objections to these mere municipal corporations, and insist that they should be of a more governmental character. If they were intended to perform only the functions of some small municipal corporations here, and to attend merely to paving and lighting, they would fail in teaching the people the use of constitutional power; and not only would they fail in teaching the people-not only would they be ineffective but the colony would obtain functionaries of a very inferior description. Those of the natives of a because we should conceive that the functions of he proposed, there should be a differently formed constituency for the election of the elective body. The plan proposed by the noble Lord was, that these municipal corporations should be appointed by the Governor in various parts of the country, with powers like those possessed by similar bodies in England. These municipal corporations were to consist of a mayor, aldermen, and burgesses, as in England; and, as in the old corporation system in England, in some of the boroughs, the Parliament of New Zealand was to be elected by the mayor, aldermen, and burgesses of the new corporations. That was to be the constitution of the two re presentative bodies. From these two | But, after all the warning he received, the councils the Governor was to elect mem- noble Lord persisted in his course. Well bers of the principal legislative council; acquainted with the scenes.which take and these two bodies were to elect the place in this country upon such occamembers of the general assembly. So sions, the noble Lord imports them into that this infant colony was to commence New Zealand, notwithstanding the warnwith-first, English corporations; then ings which were given. I shall only point two provincial assemblies; then two legis- out one other subject which those gentlelative councils appointed by the Governor; men objected to. They suggested to the and, as the apex of this constitution, another noble Lord the extreme difficulty he would general legislative council selected by the find in limiting the franchise, after it had Government, and one superior elective as- once been given. They told him that, sembly. The system was altogether too once conferred, it would be utterly irrecomplicated for an infant colony. I have trievable. They saidalready alluded to what were the opinions of all practical men as to the franchise. The gentlemen to whom I have referred, who delivered to the noble Lord the protest against the constitution, declared upon the question of the franchise, that We are of opinion that, at any rate in the existing settlements, and for the present, it would be very dangerous to extend the franchise too much by making the qualification for a voter too low, trusting to a higher qualification for the person to be elected. This arrangement allows mischievous and intriguing individuals, who have no difficulty in providing themselves with the higher qualification, to obtain the suffrages of a low and comparatively ignorant class of voters through bribery or other corrupting means." Did these gentlemen speak without experi- "A remarkable instance of this occurred at the election which took place at Wellington in October, 1842, for the officers of a corporation which possessed very limited powers. Every male adult, who chose to pay 17. sterling to have his name registered, was privileged to vote; and any voter was qualified for election. 350 persons obtained the franchise; and of course the small sum of money was paid for many of them by parties who wished to secure their votes. In one case, a committee for the election of certain persons had given 251. to a colonist who had great influence over a number of Highland labourers, in order that he should register 25 of their votes, and make them vote for the committee's list. The leader of the opposing candidates, however, knew the laird's failing-set to drinking with him at breakfast time till he had won his heart, and then marched reeling arm-in-arm with him to the poll, followed by the 25 Highlanders, who were in the same state, and who all voted for the man who had so disgraced himself and them." "It is also of importance to observe there is great difficulty in restricting a franchise once established and exercised, while there is comparaside of fixing too high a qualification will be easily tively none in extending it; so that a fault on the remedied, but one in the opposite direction will be almost irretrievable." But whether irretrievable or not, the noble Lord has attempted to retrieve it, as appears by the despatch to which I shall presently refer. But there is another A and no trifling evil, consequent upon the haste of the noble Lord in despatching this constitution to New Zealand. greater or stronger ground of complaint cannot be made against a Colonial Minister than that he should be guilty of anything like a breach of faith with the colonists, or that such a charge should be even colourably established against him. Now the colonists complain that they have been deceived by the noble Lord. At the time the noble Lord succeeded to power there was a body of emigrants preparing to leave Scotland for New Zealand; and with these persons it was a sine qua non that they should be allowed to try the effect of municipal institutions in that country. They were connected with the Free Church of Scotland; and the colony, I cannot help thinking, was one which was so constituted as to be likely to pave the way to a sound system of colonisation. Nothing can be a greater spur to a system of sound colonisation than for the colonists to secure to themselves those means of religious instruction and assistance to which they have been attached and which they have left at home. Well, Sir, these colonists made their preparations to leave their country in a large body, and settle at Otago, under the direction of Captain Cargill; and one necessary preliminary with them was the granting them a representative constitution. As soon as they found the Bill which the noble Lord introduced in 1846 had passed, they applied to the Colonial Office to know whether this to them essential constitution would be granted to them? They received an assurance that it would be granted and sent out to them. And with that assurance they have gone. [Mr. AGLIONBY: They are now on the sea.] The hon. Member for Cockermouth says they are now on the sea. They have gone out upon the faith of that promise that a representative constitution should be granted to them. And the first thing they will learn on their landing in New Zealand is, that by direction of the noble Lord at the head of the Colonial Office that constitution, on the faith of which they left this country, is suspended for a period of five years. [Mr. M. MILNES: Their settlement is on the southern island.] My hon. Friend the Member for Pontefract says they have gone to the southern island. I am perfectly aware that they have gone to the south. But let my hon. Friend read this Bill. If he attends to the question he will know that the constitution is suspended in the southern as well as in the northern island. Upon the faith of that constitution which is now suspended they have left their country, and upon their arrival at their settlement they will find that it is all null and void. When I call this a breach of faith, and attack it as such, I do not mean to use the word in an offensive sense. But the colonists have in fact and in substance been deceived. The representations which have induced many persons to go to Otago with Captain Cargill have not been fulfilled. I know not whether the advertisement I hold in my hand, and which contains some of those representations, was inserted with the knowledge or approval of Her Majesty's Government, or by the New Zealand Company. That Company, however, is sufficiently represented in this House to be able to take care of its own interests. But these poor Scotch colonists should not have been placed in this anomalous and unfair position, whether they were right or wrong in insisting on these institutions being granted previous to their departure. Well, Sir, the constitution was sent out, and Governor Grey at once condemned it as impracticable. It was a plan which would not work; and upon the receipt of that report the Government introduced the present Bill. How does the Government deal with this constitution that was condemned before it went out-that was condemned in this country that was condemned in the colony-for I have seen New Zealand papers in which it was condemned; and I say that the right hon. Gentleman opposite cannot contradict me when I say that it was complained of in the New Zealand papers-that it was universally complained of. Well, Sir, this universally condemned constitution--condemned even by the Governor himself— what does he mean to do with it? To repeal it? No; but merely to suspend it for five years. And if I could imagine the result would be eventually its repeal, or if I could imagine that the time would be devoted to considering and remedying its defects, and finding a plan more suitable to the wants of the colony, I might be contented. But this process of mere suspension I do not approve of. It implies the approval of this constitution in the abstract. It implies that the constitution is a good one, and that it may at some future time come into operation. Now, I cannot contemplate after all the noble Lord has heard, that he can think it would be ever fit to be brought into operation. Would it not, then, be better at once to confess that the Government was wrong in sending out such a constitution-to repeal it at once-and to provide such a constitution as the colony has a right to expect? My object in proposing to repeal it is not to deprive the colony of a constitution. I think that, instead of the constitution that was sent out, one more suitable should have been devised, conferring those municipal institutions which might form a basis of free government, and prepare for the adoption of a fuller constitution. But I say it would be far better now to repeal the present one, and restore the colony to its former condition, and prepare a more suitable constitution for it. I do not know that it is necessary for me to point out the opinion of the Governor with regard to the fitness of the colony for receiving a representative constitution. He states that he knew of no circumstances to prevent the introduction of such institutions into the settlements in Cook's Straits and the Middle Island. But the right hon. Gentleman proposes by this Bill to suspend the constitution in both parts of the colony, and I do not think he has given any very valid reason for suspending it in both islands. He merely grounds his reasons upon the vague suggestion of uniformity, and thinks it would be better to suspend it in both parts than only in one. I cannot help thinking that, after all, the noble Lord thinks it himself so bad that it would be better to repeal it altogether. I am decidedly in favour of its repeal as regards the whole colony, and the immediate consideration of and granting a suitable constitution, to the southern part of the colony at least, as soon as possible. | carry out your legislation at his discretion In a despatch dated October 7, 1846, so that the whole responsibility, legisGovernor Grey said "I am not at present aware of any circumstance which need, then, prevent the immediate introduction of representative institutions into that colony, which would comprise the settle ments in Cook's Straits and in the Middle Island. All questions of a vexatious nature between the Government and the settlers in that part of the colony have now been finally set at rest; and, with a considerable acquaintance with British settlements, I can have no hesitation in recording it as my opinion that there never was a body of settlers to whom the power of local self-government could be more wisely and judiciously entrusted than the inhabitants of the settlements to which I am alluding." lative and arbitrary, is to be thrown upon him. But I think that the great objection of all is the uncertainty in which these changes will place this unhappy colony. You began by sending out a fine newfangled system, based on what I may call the ascending principle, while we are now called upon to proceed with the descending principle. At first we had a system gradually ascending through the legislation of a provincial legislative assembly, a provincial legislative council, up to a general legislative assembly, and a general legislative council, and culminating with Now I will not read those parts of Governor the Governor Whereas now you are about Grey's despatch, which treat of the inap- to give the whole power in the first inplicability and inherent vices of the new stance into the hands of the Governor, constitution. Having expressed my own and to authorise him, acting with the auopinions I need not repeat those expressed thority of his legislative council, to grant, by him, which entirely coincide with mine. if he thinks fit, to those who are not otherBut I trust this system of uniformity will wise entitled to it, the elective franchise not be made a ground for persisting in the to the legislative council. I am bound, present course, for I cannot help pointing however, to say that the noble Lord at the out to the House that long before this Bill head of the Colonial Department appears now before us can have possibly arrived in to me to be fully aware of the inconvenithe colony, the constitution, bad as it is, ences of this course which he recommends. will have been established in the southern He distinctly expresses himself to that portions. I alluded just now to the giving effect in the despatches; and I think the of a temporary substitute for a constitu- right hon. Gentleman (Mr. Labouchere) tion. When the present Government suc- will have some difficulty in showing that ceeded to power, the right hon. Gentleman the course proposed is in accordance with opposite, who is now Chief Commissioner a sound system of self-government-that of the Poor Law Board (Mr. C. Buller), this plan of delegating to the Governor was said to be about to take on himself a and Council the entire authority of grantkind of amateur position in the Colonial Of-ing or withholding those institutions is a fice. If such was the case, I should be al- necessary step, or in fact is one that will most inclined to attribute to him the produc- not impede instead of assisting the result tion of this temporary constitution, and to which we are all anxious to attain. I have think that he had, forgetting his former already alluded to what appears to me to character of a director of the New Zealand be the unfair responsibility that is to be Company, been cutting a joke after the fash- thrown on the Governor. These are the ion for which he was at one time so famous, words of the noble Lord, in which he alat the expense of the New Zealand colony. ludes to the nature of that responsibility:For I never met anything wearing a more facetious appearance than this burlesque constitution, grafting as it does members nominated by the Governor on elected members in a legislative council, and forming altogether a device which seems to hold out to the colonists the semblance of representation, whilst retaining the substance of power in the hands of the Government. By the present course of proceedings, I think Act. In that case you may consider it advisayou are attaching a very unfair responsible that the legislative council should exercise bility to the Governor. You place him in this position: If he thinks that the colony is unfit for any form of representative government, he is to suspend this constitution according to his own discretion-he is to "With the insight which former despatches have given you into the views of Her Majesty's Government, and with your own knowledge of the requirements of the community under your charge, you will be able to carry into effect these general directions, so far as their execution depends upon yourself. For instance, if when you receive this despatch you should have already constituted the provincial assembly of New Munster, the powers of that body will be inevitably arrested for the present by the operation of the Suspending the powers conferred upon it, by keeping on foot the already constituted provincial assembly, and would belong, according to the plan explained conferring on it those powers of legislation which above, to the provincial legislative council. If, no the other hand, the provincial assembly of New Munster should not have been already consti- | cil, by ordinance, to depart from the said firsttuted, you may consider it advisable that the le- mentioned instructions, in so far as the same regislative council for that province should contain, late to the nature and extent of the qualification, nevertheless, some admixture of representative and to make and ordain such other or further members, which you may deem it best to with- rules and regulations, with respect to the nature hold from New Ulster. Lastly, should you, for and extent of the qualifications for burgesses in any special reasons, esteem the establishment of the said municipal districts, or any of them, or in provincial councils premature, and that the legis- any particular case, as the said Governor-in-Chief, lative functions of the general council are sufficient by and with the like advice and consent, may for the wants of the colony during the interval think proper; anything in the said first-mentionwhich is to elapse before the charter comes into ed Act, letters patent, or instructions to the coneffect, you can exercise your discretion on this trary, notwithstanding." subject also." So that, as explained by the despatch of "That franchise is vested by the charter in every male person occupying a tenement within a borough. It is now proposed to confine it to tenements of such value as the legislative council also by the charter made subject to the following may fix as qualifying to vote. The franchise is restrictions: That it is not to be enjoyed by any person not able to read and write in the English language.' So that after laying down various different principles, he throws the whole responsibility on the discretion of the Governor, who is at the same time fettered with a declara-saystion of opinion as to what is probably the best course to be pursued. Now I, for one, do not object to leaving great responsibility with the Governor; but I think that the noble Lord ought in the first instance to have left that responsibility with the Governor, with a view to his recommending what course he thought was most practicable and advantageous to the colony. Now, the noble Lord seems wedded to this What I complain of is, that the responsi- most extraordinary provision in a rather unbility should be given in this way-in a accountable manner. It is the only one, I way which may place the Governor, when believe, of the original regulations that has these despatches are promulgated in the not been rescinded either by the Act of colony, in the position of being either forced Parliament or by the instructions which to perform what he believes to be his duty the noble Lord has sent out to the Goveragainst the wishes and views of the inha-nor; but instead of rescinding this provibitants, or else of neglecting his duty, in order to accede to their wishes. I began, Sir, by stating what I think are the objections to the basis of this complicated representative system; and though this matter is not touched on very largely in the Bill, yet I find that the noble Lord appears to have seen the error of his ways on the subject, and that he has entirely withdrawn this portion relating to the franchise for the municipal corporations, which had been so strongly objected to by practical men before the constitution first left this country. I find by the 5th Clause of this Bill and here I may remark that the clause gives a most unfair and unsatisfactory power to the Governor-that it is provided as follows: "And whereas by the said first-mentioned in structions the said Governor-in-Chief was directed to divide certain parts of the said islands into municipal districts, and to constitute within such districts municipal corporations, consisting of a mayor, court of aldermen, and common council, and of burgesses possessing the qualification prescribed by the said first-mentioned instructions in that behalf; and whereas it is expedient that the said qualifications should be subject to regulation that it shall and may be lawful for the said Governor-in-Chief, from time to time, by and with the advice and consent of the said legislative coun as hereinafter mentioned; be it therefore enacted, sion, as I think the noble Lord would have acted most wisely in doing, he has, in order to retain it, regulated the franchise in a manner which in this country would be looked upon as most unconstitutional. The noble Lord goes on to say "I have, upon the whole, thought it best to advise not that this charter should be altered by removing this restriction, but that you should have a discretionary power to dispense with it. You will therefore be empowered to grant to such vilege, certificates that, although they may not be persons as you may consider to deserve that priable to read and to write the English language, they are good and faithful subjects of Her Majesty, possessing the intelligence necessary for qualifying them to take a part in the administration of local affairs; and the possession of such a certificate will entitle the occupier of a tenement of adequate value, though he may not be able to English language, to be placed on the register fulfil the condition of reading and writing the of the borough, and to exercise his franchise." So that except as regards these two points the amount of money qualification which is to constitute a vote, and the qualification as to reading and writing the English language-the power is given to the Governor, the representative of the Sovereign in the colony, to regulate its franchises as he pleases. He may grant or refuse licenses to vote as he pleases; and though, if Go |