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CHAPTER II.

COLONIAL AFFAIRS-Constitutional Government for the Colonies-Increasing public interest in that subject-Development of the views of Government by Lord John Russell, in moving Resolutions in the House of Commons on the 8th of February-His able and comprehensive Speech-Remarks of Sir W. Molesworth, Mr. Gladstone, Mr. Adderley, Mr. F. Scott, Mr. Hume, and other Members. AUSTRALIAN COLONIES BILL-Second Reading moved by Lord John Russell, on the 18th of February-Mr. Roebuck criticises the Measure-After a general discussion the Second Reading is carried-Committal of the Bill-Numerous Amendments are moved by Sir W. Molesworth, Mr. Mowatt, Mr. Roebuck, Mr. C. Lushington, Mr. E. Denison, and other Members-The Bill, in its main features, is successfully supported by the Government- Various questions of Colonial Policy mooted in debate-On bringing up the Report Sir W. Molesworth moves the re-committal of the Bill, explaining at some length his views of Colonial Policy-Mr. Gladstone supports the Motion, which is resisted by Mr. Labouchere and Sir George Grey, and is negatived on a Division by 165 against 42-Mr. Gladstone moves the addition of a Clause giving to the Church of England in the Colonies a power of synodical action-Interesting discussion on this Motion-Speeches in favour of the Amendment are made by Mr. A. B. Hope, Mr. W. P. Wood, Mr. Roundell Palmer, Mr. Walpole, and Mr. Adderley, and by Sir George Grey, Mr. Hume, Mr. Roebuck, and the Attorney-General, contra-The Clause is rejected by 187 to 102-On the Third Reading being moved, Mr. Gladstone proposes that the operation of the Bill be suspended until the opinion of the Colonies respecting it can be ascertained-Mr. Roebuck supports the proposition, which, after a full discussion, is negatived by 226 to 128-Other Amendments are rejected, and the Bill is passed-In the House of Lords the Second Reading of the Bill is carried nem. dis.-Motion made by Lord Brougham that the Opponents may be heard by Counsel against the Bill-Opposed by Earl Grey, and negatived by 33 to 25-The Bishop of Oxford moves that the Bill be referred to a Select Committee-His Speech-Earl Grey opposes the Motion, which, after some discussion and a Speech from Lord Stanley, is rejected by 34 to 21.- Various Amendments proposed in Committee-Certain Clauses abandoned by Ministers-The Amendments made in the Lords are ultimately adopted by the House of Commons. AFFAIRS OF CEYLON-Proceedings of the Select Committee-Substance of the Report-Indignation expressed in the House of Commons at the conduct of Lord Torrington. WEST

INDIAN ISLANDS-Resolution moved by Sir E. F. Buxton, affirming the injustice of exposing the free-grown Sugar to competition with Slavetrading Countries-His Speech-Mr. W. Evans seconds the Motion— Speeches of Mr. Hume, Mr. Mangles, Mr. Grantley Berkeley, Mr. Wilson, Mr. E. H. Stanley, Mr. Hutt, Sir John Pakington, the Chancellor of the Exchequer, Mr. Gladstone, and Lord Palmerston— The Resolution of Sir E. F. Buxton is negatived by 275 against 234.

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MONG the subjects of proposed legislation foreshadowed in the Royal Speech at the opening of the Session, a measure for extending the benefits of constitutional government to some of our colonial dependencies held a prominent position. The subject had for some time engaged public attention, and had been enforced on the consideration of Parliament by men whose opinions deservedly carried great weight. It had become the conviction of most of the leading men of all parties, that the vast communities which England had planted in distant regions of the world could neither attain their full development, nor be held in permanent attachment to the mother country, without the concession of a larger measure of self-government, and a more complete realization of the representative system, than had been hitherto accorded to them. Acting upon these principles, Her Majesty's Ministers announced their intention, at the commencement of the Session, of embodying their views in an Act of Parliament applicable to the British Australian settlements. On the 8th of February Lord John Russell made his promised statement in the House of the intended policy of Government in respect to the colonial possessions of the Crown. The noble Lord began his speech by confessing that he felt appalled at the magnitude of his task, but was consoled by the reflection that

there were many members of that House who had applied their time and talents to the subject. He then took a retrospective view of the manner in which most of our Colonies, except the Australian, were acquired and founded. The main object seemed to have been to send out settlers from this country, and also to maintain a strict commercial monopoly in relation to the Colonies. At the same time it was established on various authorities, by the whole policy of the Marquess of Halifax, King James's minister, by the decision of Sir Philip Yorke on the Jamaica proclamation, by Lord Mansfield's decision on the case of the Island of Grenada, &c., &c., that Englishmen carry out with them their native rights and privileges, and that the simple proclamation of those rights and privileges protects them against being taxed, except by the Imperial Parliament, or by their own consent in a local assembly. From 1763 to the peace of 1814-15, the model of the English Constitution was not imitated in respect of possessions acquired during that period. Lord John Russell read a mass of statistics, to show the progress that had been made by the Colonies in population and wealth.

By our recent legislation, especially by the repeal of the Navigation Laws, continued the noble Lord, we have utterly broken down the relation of monopoly; and a question has arisen, Whether it is

worth our while to retain our colonial empire? "I say, in the first place, with regard to this proposal, that I consider it to be our bounden duty to maintain the Colonies which have been placed under our own charge. (Loud cheers, principally from the Opposition side of the House.) I think we cannot get rid of the obligation and responsibility to govern these Colonies for their benefit; and I trust we may be the instruments of improving and civilizing those portions of the world in which they are situated. In the next place, there are many reasons why we should consider that our Colonies form part of the strength of the empire. In peace, as well as in war, their support, or the loss of it, is of great importance.

"We have also obligations to the native races; some of whom, like the natives of New Zealand, or those of Natal in South Africa, have shown a remarkable aptitude for civilization; and if they were abandoned by us, they would undoubtedly relapse into their savage habits, probably to be exterminated in a war of races. The value of our commerce, which penetrates to every part of the globe, all will admit; and many of the colonies give harbours and security to that trade, which are most useful in time of peace, but are absolutely necessary in time of war. But, abandoned by us, many of our Colonies would be unable to maintain independence. Mauritius would recur to France, the Cape of Good Hope to Holland.

"Another scheme which has been proposed is that the colonial legislature should be free with respect to local laws, while the imperial sanction should be required for other laws. But I believe that

no such distinction could be drawn. The Canadian Indemnity Bill af forded a case in point: the Government maintained that it was a local matter, but Ministers were told that the assent of the Crown

ought not to have been given to it."

Coming to the question of constitution and government, Lord J. Russell referred to the declaration issued by the Council of the Colonial Reform Society, including twelve or fourteen Members of that House and three or four Peers. "I think the course taken by these gentlemen, of forming themselves into an association, and corresponding with the Colonies, is a measure of very dubious policy." (Cries of "Hear, hear.") The Council claimed self-government for the North American Colonies, the South African Colonies, the Australian Colonies, Van Diemen's Land, and New Zealand. Lord John considered these in the order named. With regard to Canada, he sketched the history of the responsible government established there; and maintained that, with respect to that Colony, New Brunswick, and Nova Scotia, the practice of administration had been very closely approximated to the constitutional practice of this country. spect to Canada, Nova Scotia, and New Brunswick, the principle which these gentlemen wish to have carried into execution has been carried into effect; and I should say that the consequence has been, and must be, that there have been far fewer questions brought before the Secretary of State than there used to be. In regard to many questions of official conduct or misconduct, with regard to many local affairs in which it could be nothing but a difficulty and embarrassment for the Colo

"With re

nial Secretary to be called upon to decide, he hears not a word: they are settled in the province; the Governor informing him about them if he thinks they are of importance. The government is carried on, therefore, with less resort to this country than used to be the case."

In regard to the Cape of Good Hope, Government had come to the decision that representative institutions should be introduced. "A Representative Assembly will be chosen by persons having a certain amount of property and qualified in the manner which has been specified. But a question arose as to the formation of what is called the Legislative Council; and, upon the whole, Her Majesty's Government came to the opinion that, instead of imitating the constitution of Jamaica or that of Canada, it would be advisable to introduce into the Cape of Good Hope a Council which should be elective, but elected by persons having a considerably higher qualification than those who are the choosers of the Representative Assembly. These, it was considered, might be persons who had been named by the Crown as persons of weight and influence, as magistrates and others, persons who had been selected by Municipal Councils as persons entitled to the highest offices which they could confer. It is proposed that the Representative Assembly should have a duration of five years, and the Legislative Council a duration of ten years, but half of the members to be elected at the expiration of five years. Something like a constitution of this kind, though differing in some very remarkable particulars, is now in operation in Belgium, where, instead

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of an hereditary Council, there is an elective Council, which I think has a duration of eight years, but half being elected at the expiration of every four years. course, this experiment is new, and it would be presumptuous to say that it will entirely succeed; but the order in Council having been passed for the purpose of its general introduction, that order and

the instructions founded thereupon will be sent out to the Cape, and any amendments with regard to the details which have been settled here may be considered at the Cape before the measure obtains its final sanction."

In regard to Australia, the Bill which he introduced was nearly the same as that of last year. "It goes not on the principle of having a Council and Assembly, in imitation of the Government of this country, which has been usually the form most palatable and popular in our Colonies; but it is proposed that there should be but one Council-a Council of which two-thirds shall be formed of representatives elected by the people and one-third named by the Governor. The reason for adopting this proposal is, that, after a great deal of deliberation, that plan was adopted some years ago, and, I think, was finally enacted by Parliament in 1842; and since that time has been found so acceptable to the people of New South Wales, that upon the whole, as far as we could ascertain their sentiments, they appear to prefer that form of popular government to that which is more in analogy with the Government of this country. ("Hear, hear!" and a cry of "No!") But when we propose that this shall be the form of government for New

South Wales, I should add, that we propose likewise to give the Colony the power of altering their own constitution in that respect; and that if it should be their opinion that they had better resort to a government by Legislative Council and Assembly, there would be no veto, no restriction on the part of the Crown, against the adoption of that course. Last year we proposed that the customs duties which now prevail in New South Wales should be enacted by Parliament for the whole of the Australian Colonies, and should be binding till they were altered by the proper authorities. We have thought that, although it is a most desirable object that the customs duties should not vary in the different Australian Colonies, it is not advisable to enact that by authority of Parliament, but that it is better to leave them to settle for themselves whether they will not adopt a similar tariff for all the various parts of Australia." The several Australian Colonies would have their own Councils. An Assembly of these Councils would have the power, on the application of two Colonies, of framing a tariff for the whole. That body would also deal with the price of waste lands, only that it would be obliged to make the price uniform for all the Australian Colonies.

In New Zealand, the establishment of representative institutions would take effect at the time already fixed by Parliament-1853.

Lord John Russell then explained the state of matters in other Colonies. In Guiana, at his suggestion, Governor Barkly had carried a considerable extension of the franchise. Lord John avowed his opinion that it is for the Co

lony, and not for this country, to determine the amount of the Governor's salary, though some amount ought to be fixed. Reductions of expenditure would be effected in Jamaica. Trinidad was inhabited by seven races, and the community was as yet unfit for popular representation; but it was proposed that there should be an elective Municipal Council at the seat of Government. In Mauritius, also, the Governor, Sir George Anderson, thought that there should be an elective Municipality; and the Governor of Malta had introduced elective members into the Council. As for the other Colonies, it was needless to go into any question of free institutions for them. Lord J. Russell did not think there was a single one beyond those named which should at present have any representative institutions.

Lord John then stated the views of Government respecting transportation. He regarded it as a subject concerning the Home Secretary far more than the Secretary for the Colonies, so far as administration was concerned. Lord Grey would be well satisfied if he were told that no more convicts would be transported; but when Lord John attempted, in 1840, to reduce the number of convicts transported, the House of Commons passed a resolution that so large a number should not be retained in this country; and the Judges declared that transportation was necessary to the general law. Lord John, however, had stopped transportation to New South Wales, which was now practically a free colony; there were only 6000 convicts among 200,000 inhabitants. The Colonial Secretary must endeavour to carry out the system of transportation so as

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