190.
or of China, or in ships within a cortain distance of the Chinese shore. The power of legislation and taxation claimed by the Governor is conveyed to hin by no better authority than a commission under the great seal, without any warrant from an act of Parliament. Whereas her Majesty has been pleas ed, by a commission under the great soal of the United Kingdom, to establise a Legislative Council to make laws for the peace, order, and good gov. ernment of her Majesty's subjects being within her Majesty's island of Hongkong." In the cases of South and Western Australia, New South Wales, Van Diemen's Land, und New Zealand, the pre vious warrant of an act of Parliament was held ne- cessary to authorise the Crown to issue such a com- mission. In the case of Hongkong that previous authorimtion is wanting, and, consequently, the commission under the great seal cannot empower the Governor to legislate for or tax the colonists in Hongkong. It will be said that Aongkong was required by cession so was Canada-so was New Zealand. But when a British colony (Upper Canada) was founded in the former an act of Par liament was deemed necessary to authorise the Crown to institute a Government there; and the same was the case in New Zealand.
With the exception of New South Wales, not one of the colonies we have named appears to possess a
Government that can act without violating the law of England, for how can a Government act that has no legal power to raise money? It is the duty of overnment to obviate impending exasperation and difficulties, by giving all these colonies legal consti tations of government and it is the duty of Parlia ment to see that the new Governments Be such as. Englishmen are by their birthright entitled to.
THE DYIEND OF CHINA AND TIONGRONG GAZETIK
occan-all combine towards to this unity. New Zealand is not like Austral Asia, a huge territory which, by is bulk-almost defies a union. It is a small, compact country, that is physically one, and which can easily be made politically the same.
But, while we are endeavouring to avoin the mischief of separating the group into various states or nations, we ought also to beware lest we so divide any one of these larger divisions ns to split it into a number of small and hostile communities. We wish not to make an England, an Ireland, and a Scotland; we ought to be careful not to make in any one part a uem Heptarchy. The first result would be a great calamity; the second would be utterly intolerable.
provided for already, and by other means. Nei adopting it at once. The only plausible reason is, ther are they what may be called mattors of general | that, under present circumstances, it would be dan police. But they are the things which at this mo- gerous to do so because of the natives. This is ment are provided for by the county magistracy of not so. It is said the natives are 100,000, the co- » England. I exclude from this the administration lonists not 15,000. In the first place, I believe the of justice, with which I shall deal in a moment.umber of the natives to be grossly exaggerated; Local police, roads, and bridges, providing means next they are spread over the whole islands they for the maintenance of the poor, and other general are scattered for away into parts that cannot for county expenses arising, for example, from the years be constituted counties, and in all such parts. erection of gaols, court houses, county halls, asyns are constituted counties they must be registered lum, &c., these are the functions which a county to vote. This will render them incapable of mis government includes, or ought to include.
chief. If, however, it be said that the real dread is, that injustice will be done to the natives, then I answer, you have the governor representing the Crown. He will of necessity possess a vote upon all legislation, and no injustice can bo perpetrated
and declare that no laws, immediately and by name affecting the natives, shall have the force of lans till sanctioned by the Crown through the Secreta- ries of State.,
The persons to perform these functions should be chosen by the people, and all danger might be, guarded against by providing that persons register ed as veters should alone have the power of choice
against dangerous natives and dangerous colonists, The persous so chosen by the people of the coun- try, for county, purposes, should constitute a coun- ty board.
ong that is Qou would find this a sufficient precaution, both to which he is not a party. You can go further,
Many of the precautions against these evils are common precautions: that is, the needed to be done, to prevent the creation of the larger divisions, is necessary also to prevent the smaller. I will therefore, consider the precautions under one general head.
In the first place, then, you should, from the first, contemplate the existence of one, and ouly ope, general government; and all your divisions of the country, all your political arrangements, should be framed with reference to one, and one only, central or general controlling power.
year on for is of the greatest importance, for, unless it be steadily borne in mind, the evil feared will inevitably occur.
Prevention depends upon two sets of provisions -one, gengraphical; the other, moral or political.
And first of the geographical.
The duties and powers of this board might be, and ought to be, an once enumerate and defined The statement thus made would serve for the ge neral law of the whole community, and, as one county after another was constituted, the law would at once, and without further trouble, he in force,
I have spoken of constituting a county, and will therefore, before I speak of the administration of of justice, explain what I mean by this phrase,
But then comes the question, what from of gov ernment would you adopt 7
As for any elective legislature being more im prudent or unwise than the one now existing in New Zealand, that is impossible; on that ground you cannot rest your objection to an immediate adoption of an elective legislature. The only other ground that as being deemed weight is the stall number of the consume of digit scattered condition. Their numbers, however, if you give them a good government, will soon, in- In a country yet to be seule, it is evident that the crease; and no danger can arise from their being mere making out the boundaries of a county can scattered if you will adopt my scheme of counties. not be enough to make it a part of the body politic;One number for each county of such a number of it must have inhabitants before it can be, in fact, inhabitants; two when the numbers reach a given a county and here I think a very useful regulation point: and you may safely leave it to the people might be introduced, somewhat similar to a law of to determino upon the persons to be chosen. You the United States, respecting what are called terwill by this means have a much wiser and more ritories, The existing states have all defined limits, economical and zealous legislature than any you and all persons living beyond the borders of any could otherwise frame. existing state are not subject to its laws; and, as the country beyond becomes settled, boundaries are market out, and, until the inhabitants reach 40,000, the new colody is called a territory. When it re- aches the prescribed number of inhabitants it is re- ceired into the Union, and is called a state. would deal with the counties of New Zealand, that the persons living beyond those limi s should not, until they had reached a certain number, ob tain the title and advantages of a county for the place they dwelt upon. This would have a double. beneficial tendency; it would make it the interest For the legislative purposes of the colony, I of all settlers to choose a constituted county for would have an elective assembly, chosen for a li their place of residence, and would thus, to a cermited period; which assembly and the governor tain extent, concentrate population; while, on the should constitute the legislatore In this I know other hand, it would hold out a temptation to large I differ from many persons-for whose opinion t bodies of settlers to choose one- and the same re-
have great respect-they believing that two legis. sidence, in order to obtain the advantage of scly-go lative bodies are necessary. To this, as the opi invernment, and representation in the general govern nion of the great majority of reasoners on govern- menr, I should not object to yield; but of this I am certain the only way in which you
can, pre vent this second legislative body from being the cause of constant dispute is by making it also elec tive. Make it dependent on the choice and will of the governor, and you make it at once a small obnoxious oligarchy-the cause of constant quir rels, the source of all possible mischief and confu sion.
For certain purpuses I would have an executive council, chosen by the Crown, to advise with the governor the governor, however, acting without So their consent. The councillors should, when they differed from the governor, be required to state their reasons in writing; the governor to act, however, without the cou-ent of any councillor, and entirely on his own responsibility. The ren sons of the dissenting councillors being sent to the Colonial-office.
If, in your divisions of the country for political purposes, you maku large and cumbrous divisions, you will find that interest will drive separate parts of the country to unite into district and separate bogies for example, you will find a great tenden- MR ROEBUCK ON LOCAL GOVERN.
cy in New Zealand, among the future inhabitants, MENT FOR NEW ZEALAND.
to call and consider themselves as inhabitants, one The suggestions thrown out for the future goset of the northern, the other of the southern is vernment of New Zealand, of Wednesday evening, lands. A very small political arrangemt might, in by Reebuck, are particularly interesting and im- this case, be attended by great and long continued portant as the present moment. The practical consequences: for example, have two governors question has been fairly launched-how can the ad- -one for island, one for another; have two ministration of the colonies be improved, on the courts of appeal; have two independent hierar one hand, by improved local institutions in the co-chies and you run great risk of making two po-giving each county defined limits. I would declare lony; and on the other by re-orginisation of the Colonial-office at home? With the former branch of the inquiry Mr Roebuck grapples in u compre- hensive and practical spirit is remarks my bear fruit in other colonies as well as in that to which they are specially addressed in Guiana or at the Cape of Good Hope, as well as in New Zea- laud. It is with sincere pleasure that we presen! to our readers a more full and accurate report of Mr Roebuck's speech than has appeared elsewhere. The bold and tranchant, yet judicious, manner in` which he brushes away all cavils about land-rights and the right of sovereignty is also admirable |
litical communities, Make two legislurs, and you have done it at once. And war and confusion and misery, for centuries, may be the result.
My first practical suggestion, then, for the pur pose of preventing this evil, refers to the division of the country; and i would entreat this Govern- ment so to make it that it refer always to one, and one only, central government.
In what way, then, should the country be diy ided?
As my whole scheme is dependent upon this division, I will at once state the steps which, my opinion, ought immediately to be taken,
The whole country ought at once, from north to south, to be what I will call politically surveyed; and the whole divided into convenient districts which, for many reasons. I would call counties. The effects of that name will prove in all things bene
Bent
The prescribled limit of numbers necessary to constitute a county need not be high; 3,000 would be ample.
These imperfect counties or territories ought, while in that condition, to be subject for all put poses to the general government.
Having thus provided for the administrativo part of the county government, I proceed to consider the judicial part of it.
We are called upon, after the ordinary course of things in this country, to provide for that is, to pay for the new colony of New Zealand The last of our colonies, in point of date, it follows the example, set now for centuries, and becomes a bur den on the mother country. Is this for ever toficial. continue? Is there any inherent necessity for this The size of these conaties ought, as far as pos evil? Is it not possible so to regulate a colony assible, to be the same throughout. Natural boun to make it, from its every commencement, maintaindaries ore are, which it would be idle not to fol- its own government and provide for all its neces-low. Cook's Straite, for example, must be deemed This I would make to consist of magistrates and sary expenses? Is it not possible for colonist to the southern boundary, in one case, of all such judges, both chosen by the Crown-the magistrates procure their own subsistence, and prove no more counties in the Northern Island as come down to merely having power to apprehend and commit a burden to the metropolis as colonists than they the sea on the shores of those straits; and the offenders. The judges should have two separate would have been had they remained residents in northern boundary of all such counties in the Mid-classes of functions, which, in reality, would soon England.
die Island as reach up to the sop there. That is, lead to separate classes of judges, viz, those of a There is, indeed, no such necessary condition of no one county ought to be divided by Cook's summary jurisdiction, and those of the regular and being a burden on the mother country attendant Straits so as to have part of a county on one side established tribunals. upon the formation of a colony. The colony of and part on another. Political surveving conten New Zealand might be made a self-sustaining co-plates all these great natural features, and white so lony. But, then, the principles upon which we are doing strives to maintain uniformity; and it would to proceed must be very different from those which in the case I am contemplating, be a problem for we have hitherto adopted as our guides: new doc- the surveyor to solve, viz, what in each case, ought trines must be adopted-new courses must be fol- to be the extent and limits of the separate counties
making them as far as possible equal in size ↑
lowed
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In all cases I whould have the judges paid of ficers, and taken, as soon as such a regulation could be enforced, from a class educated for the bar
The counties would be, as I have already stated subdivided into parishes; and parish officers, very similar to our own here in England, ought iome diately to be chosen.
At present there is a complication of circums The size is an important circumstance with re This part of the subject would create no difficutly tances in our connexion with this new colony that ference to the political institutions. First, they Among the officers of the county an accountant draws it, in same degree, out of the ordinary rule; should not be so large as to make formidable counti or clerk would be needed. He ought to be chosen but it is not difficult to meet these extraordinary tics-that is, so large as to aliów state, and not by the people; and in his name the county ought, circumstances, to guard against the evils which county, feelings to arise. Depend on it, the feelings being considered a legal tittly, to sue and be sueil may result from them, and then to adopt for it, of a citizen of the state of New York, with refo- What then, it may be asked of me, would you as for all other cases, one general plan, which,rence to the general Government of the United Sta- have no municipal bodies? My answer is, in the while it provides for the due protection of the co- tes, is a very different combination from that which present state of the country, certainly not. The lony, entails no unnecessary expense on the metrol exists in the mind of a Yorkshire-man, as respects time may possibly arise, but certainly not in the life polis.
the general Government of England; and the size of the youngest amongst us, when great towns may The peculiar circumstances connected with New of the state of New York is one and an important grow up, and the numbers of the inhabitants may Zealand arise out of the unfortunate transactions circumstance which has led to this difference. require special bodies to watch over their local at attendants on our taking possession of the islands Let the whole country, then, be divided, for the fairs. But, even in this case, I much doubt the so called. We have perferred to set up a very purposes of commly government, into counties and benefit to be derived from the creation of corpora- doubtful right, resulting from cession, to the comparishes. I say county as opposed on the one tions. In times past, under very different circums plete and unimpeachable title which we had by hand to state, and on the other to municipal gov-tances from any which now exist, they were of use, discovery. The treaty of Waitangi has been the ernment; and let the first county so set out by me- They were needed to protect the quiet merchant cause of many mischiefs already; it will prove un-
tes and bounds be Wellington; and then deal with and artisan against the power of the feudal noble, less wise measures be immediately adopted, the Wellington at once as a county, not waiting till the and the evils of feudal law; but that power and those fruitful source of many evils yet to come.
rest of the county be surveyed. You should have evils no longer exist, and the general plan I here The Government will find it absolutely incum- your scheme of government ready and preordained: propose will, I believe, meet all the exigencies of bont on them, at some time, sooner or later, to a general governmeħt being then in existence, de the present time. You want no charter for this--a take possession, in the name of the Crowit, of all clare Wellington a county, proceed to the other set general law might easily be framed. The plan I the waste lands of the country. So long as theylements, and do the same with them the surveyor have fainly sketched might be fully carried out, and shall deem these lands the property of the eatives, taking care always that the bounds should be laid all things proceed after a settled and regular scheme. and dependent on their will and pleasure, the coun-down with reference to the intervening territory But what, it will he said, do you propose in the try will remain a desert, and confusion and distress
way of general government 7 3ly answer is as fol. lows: • reign paramount within it .....
will not now press this topic further. I know the Governmeut must soon (if they are not so at this moment) be of my opinion; and we must leave it to time to make them wise upon this head.
Turning, then, to the consideration of the go- vernment of the colony, what ought to be done?
I confess that my opinions differ greatly from almost all that I have heard expressed on this sub. ject; and I now proceed to explain what my own views are, and why I differ from those of others.
I think it will be acknowledged by all who will take the pains to consider the subject, that New Zealand should, for the purposes of governacur generally, be considered no one integral body, and that any scheme of administration, either for the present or the future, should contcroplate the Unity, the political, continued unity of that group of is lands. This being admitted, it follows that we ought, in all our regulations, to guard against the chance of separating the country into such districs as shall even suggest the idea of future and perma nent separate interests. We ought to be carefel not to make an England and a Scotland, and on Ireland of this country, which ought to be, mal ein
be, made one. Its extent its natural boundary the
I
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I
not yet surveyed.
Hasing then settled the general size of the coun- tics with reference to county government, and hav- ing constituted certain portions of the country counties at once, it would then remain for you to declare what you had decreed should be your toun. ty government. And herein I must treat of those moral or political macars to which I formerly 20- veriod.
The present is by all acknowledged to b a tem porary state of things, and the sooner, in my opi- nion, that it really comes to an end the better." I will, therefore, state what I believe would be the best plan to adopt at once.
consist?
There are two points respecting the general go- varhment which require immediate consideration. In the large and proper sense of the term, IL Where shall it place itself? 2. Of that shall it would not entiler on these counties any legislative power whatever, I think it not only possible, but resly not difficult, to frame such a scheme of county government as should reduce all its fuse tions to these of the administrative and judicial de partments, War the example of our own country before us, we have a large experience, both for good and evil on this beat.
Three questions now are: -1. What functio nories would you consitute; 2. What powers would you enfer on them; and 3. In what way would you create these county officers 1
The seat of the general government should be selected solely with reference if the interest of the colony; and of this the best judges are the coknins themselves. So soul, therefore, as I determined to adopt a representative government, to them I would leave a to determine where the government should be plicent. So, in the counties, the moment I determined that a county should, according to may plan, be constituted, ze that moment I would leave it with them to determine at what place their coun ty government should "Assemble, where they should build their conte, gaols, de. In the same way I would deal with the general govemment,
What you really want is, somebody to watch over the local recessities of the county, to provide the means necessary for doing what is mental to be The gent inquiry is, when world you adopt a done. Now, what are local necessities? They are I reposentative gurtraincat? For any part Lee no not meters of general be: these ought all to be reused one is as fut been assigned-for sut
Having thus constituted your general govern ment what power would you conter on it? Every power requisito for the government of the colony. They could not have the power of repealing an act of Parliament, but everything short of that (subject of necessity to the veto of the Crown), they ought. to possoss. It should be remembered that the governor of the Crown is an essential element of this legislature, and that nothing can be done with- out his consent. This is a sufficient safeguard against mischief, as is found in all our North Am erican and West Indian colonies having elective legislatures.
The business of the metropolitan government, excepting that part which is contided to the gov ernor, is merely to protect her outlying territory from foreign aggression. Keep your active colo- nists safe from hostile attack; give them your markets as the great outlets for their trade; let them take advantage of your capital, your skill, and your safeguard, and leave them to their own energies, their own wisdom in the management of their own affairs, and the government of their own newly formed country. Avoid, as you would a pes tilence, all unnecessary interference. Let them provide for their own wants by their own means; trouble them not, hamper them not, by your busy, idle meddling. You could not manage a farin at the antipe les; why should you fancy it so easy to govern a kingdom? You have before you, in this very case, a striking illustration of the mischiefs arising from your intermedling; you are now about to pay for it in the shape of the money to voted this day. Départ from that course; allow the colonists, who are just like yourselves, your equals in every thing-and probably, in energy and daring, your superiors-allow them, I say, to gor. ern themselves, letting them to enjoy the great bics sing of perfect safety under the aegis of our great name; and you will be amply compensated for tho benefit you confer, by seeing a new England grow up in those Southern. Scas, emulating and loving the old people, from whom they will deem it an honour to have derived their origin.
COMMERCIAL INTELLIGENOE
SHANGHAI IMPORTS.
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