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iaMomm^mamiamM 
 
 V 
 
SOME REFLECTIONS 
 
 t 
 
 ON THE 
 
 SPEECH 
 
 OF THE 
 
 RT. HON. LORD JOHN RUSSELL 
 
 ON 
 
 COLONIAL POLICY. 
 
 BY 
 
 C. B. ADDERLEY, ESQ., M.P. 
 
 PUBLISHED FOB THE SOCIETY FOB THE BEFOBM OF 
 COLONIAL QOVEBNMENT. 
 
 LONDON: 
 
 JOHN W. PARKER, WEST STRAND. 
 
 MDCCCL. 
 
'•' m mi i m mmmik.fiiA- -^t-sfSfc-' 
 
ON COLONIAL POLICY. 
 
 England at last acknowledges that she is treating 
 her Colonies scurvily, denying them the right Which 
 she has warmly asserted for herself at home. 1 fear 
 it is not so much allayed^ as awakened selfishness, 
 that makes her now as eager to retrieve as she has 
 hitherto been to maintain her dog-in-the-manger 
 policy. Her language lately was — " Colonies ! what 
 are they but dependencies for the convenience of 
 England? Colonists! what, but men who either can't 
 get on at home, or whom we find it unsafe or incon- 
 venient to keep ?" She now sees that it will be still 
 better for her to make these dependencies something 
 more than conveniences; to provide them, at least, 
 with institutions so congenial with English notions, 
 that they may become rather self-attractive than 
 compulsory depositories; and that something short 
 of starvation or crime may lead our countrymen to 
 them. She perceives that colonies which are allowed to 
 act for themselves, pay for themselves — a maxim which 
 her Colonial Ministers have been reversing, offering 
 
 A 2 
 
colonies self-government when they show they can 
 pay for it (see Despatches to Western Australia, and 
 Privy Council Report, 1849, &c. &c.) They have 
 dragged the train with horses till the steam was up ; 
 a plan they now j5nd equally wasteful of power and 
 time. They begin to think the steam might be got 
 up to start the train : all discoveries are gradual. 
 
 The numbers who are now turning their minds to 
 this subject see the instant necessity of a new mode 
 of government ; indeed, s j effectually is the steam up 
 in the colonial engine, that it will very shortly over- 
 run the official horses, if they do not get out of the 
 way. 
 
 Considering that this question involves, or is inti- 
 mately connected with, almost every great national 
 concern — that all our Penal system, our Pauper 
 system, our Financial system, group around it — those 
 who are not turning their minds to it are dangerously 
 asleep ; dangerously, not only to their own reputation, 
 but to their country's urgent need. 
 
 At such a moment as this the Prime Minister 
 speaks, and makes a declaration of his Colonial 
 Policy. Favete Unguis^ or oculis, for the speech 
 is printed. The printed form has this advantage, 
 it has a title-page which sets forth that the speech is 
 *' with a view to promote the general wealth and 
 population of the Colonies, and their capacity for 
 self-government." By this one finds the clue to all 
 the rest — the leading idea in the Prime Minister's 
 mind: — His object is, not to give the Colonies self- 
 
government, but " to promote their capacity for 
 it." The cat is out of the bag. We colonial re- 
 formers found the Government so heartily cheering 
 and loudly echoing our own sentiments, that we 
 began to puzzle ourselves at the continued thwart- 
 ing and opposition which proceeded from a quarter so 
 resonant with cordial agreement ; but all is now ex- 
 plained by the first definition of the Government 
 plan, which discovers a meaning latent under iden- 
 tical phraseology, as wide from our own meaning as 
 light from darkness. While the reformers are urging 
 the concession of self-go\ernment to the Colonies in 
 all their local affairs, the Government are planning a 
 paternal scheme of go-cart government, as much like 
 self-government as a child's progression in leading- 
 strings is like walking. It may be said the two 
 modes of motion are the same, except for the leading- 
 strings ; and so the two plans of Colonial Government 
 are the same, except for the Colonial Ofl&ce. But 
 that distinction is not wholly without a difference. 
 The Reformers say to the Colonies, " You are so dis- 
 tant, you cannot have your local matters settled here; 
 nor are you, therefore, to be misgoverned — you shall 
 make laws and adniinister them yourselves, excepting 
 on such and such points, which we reserve, much as 
 every congressive government, since the old Am- 
 phictyonic Council, has reserved a certain amount of 
 combined and common action at head - quarters." 
 The Government say, " You Colonies are certainly 
 not free enough, but we are a liberal Government — 
 
6 
 
 trust us; we shall never alter your laws, except to 
 make them still more liberal. Even our nominees, 
 knowing our free inclination, will become organs of 
 liberty, no longer agents of a governing party; 
 popular in spirit, however official in shape ; in short, 
 sheep in wolves' clothing. You shall even make your 
 own constitution — if we approve of it ; and we freely 
 allow you to elect the legislature — reserving only 33 
 per cent, to our own appointment, which shall be 
 your constituent body." Consider yourselves English- 
 men for the present, and, by degrees, you will find 
 yourselves so. 
 
 The two propositions are clearly not identical, 
 though both are headed, " Plans for Colonial Self- 
 Government;" and if I mistake not, the results pro- 
 bable from each are widely different : from the one I 
 should expect thriving Colonies, heartily, and insepa- 
 rably, and usefully attached to England, not only not 
 burdening, but immensely assisting her in all her most 
 urgent national requirements; from the other I 
 should clearly foresee Colonial disappointment and 
 continued disgust — a prolongation of the serious farce 
 in Downing Street, of three clerks trying to govern 
 the world, and finally, ourselves frantically kicking 
 off the panniers plentifully laden with our own pro- 
 vender, but so needlessly galling our backs. 
 
 But it is not fair to judge of a Bill by its 
 preamble. May be, after all, the speech, "with 
 a view to promote the capacity of the Colonies 
 for self-government," works out into a reccwnition 
 
of the fact that they have that capacity already, 
 and always had it from their first going out; and 
 the " promotion of their capacity" may only mean 
 the removal of official obstructions from its way. 
 It is, however, ominous, that on only the second 
 page we find the discussion of the " origin 
 of our Colonial Empire" commenced, by " putting 
 aside the foundation of those American Colonies which 
 have separated from us." The omission of the cha- 
 racter of Hamlet, whenever attempted, has been com- 
 plained of as always a serious loss to that play, and in 
 this case the similar omission is the more striking, be- 
 cause Lord Grey, in his first announcement of the 
 novus ordo^ on his accession to office, laid broadly 
 down the recognition of British right, and the adher- 
 ence to our North American scheme of Colonial po- 
 licy, as the two leading features of his plan. (See 
 New Zealand Papers, 1847.) However, the West 
 India Colonies serve very well to represent two par- 
 ticular kinds of constitution ; and from Jamaica and 
 Barbadoes we may find abundant illustration of the 
 recognition of the principle, that " Englishmen any- 
 where else ought to live as free as Englishmen at home." 
 But in this " Policy," it clearly does not matter 
 much which set of colonies is taken as the illustration. 
 So paternal, or governor-like is the theory, and so 
 slight the intention of abandoning an iota of Colonial 
 Office superintendence, that Gibraltar, and the forts 
 on the Gold Coast, are brought into the same category 
 with Canada and New South Wales (pp. 4, 5) ; and 
 
8 
 
 (p. 41) credit is taken for the introduction of the 
 elective p/inciple into the council of Malta. Very 
 soon an assize court will be called an elective chamber, 
 because the prisoner may challenge the jury ; but the 
 Colonial B ^formers Jo not wish all bodies to be elective 
 — ^for instance, they do not ask that the army should 
 be constituted like the House of Commons, or garrisons 
 like free communities; nor do they recognise in the 
 Government strait-waistcoat, though patched with the 
 colours of freedom, the mantle of the British Constitu- 
 tion. Lord John Russell says all this is a mere 
 quarrel about terms; but attaching similar terms to 
 very different things, seems to me the whole cause of 
 our present misgovernment of the Colonies. The very 
 first sentence following that misclassification (p. 5) 
 illustrates its inevitable confusion, by applying alike 
 to all our locations beyond the seas the general pro- 
 position, that " their object was the sending out 
 settlers from this country to colonize distant lands." 
 Was that the object of Sir Cloudesley Shovel in 
 capturing Gibraltar? If not, either the definition, or 
 its immediately attendant proposition, must be dropped ; 
 and in dropping either, a very considerable hiatus 
 would be occasioned in the whole argument contained 
 in this speech. 
 
 If we are really dealing with British Settlements 
 — and our object is to colonize — we have not the task 
 of promoting the capacity of self-government, but 
 merely of recognising that capacity, and acting 
 accordingly. In so acting, we shall not spread 
 
 It i 
 I 
 
 Is ^ 
 
9 
 
 Crown influence over the whole of our Colonial con- 
 stitutions, but restrict the Crown to the limits of one 
 estate, and to the functions of its proper prerogative ; 
 we shall give the popular element expression in bond 
 fide representative assemblies, and instead of fancying, 
 as Lord John Bussell evidently does, that the conserva- 
 tive element must emanate from Downing Street, and 
 consist of checks handled by himself, we shall provide 
 for it a special estate in the local legislature of the 
 Colony. 
 
 There is a great point made in this part of the 
 Speech of the wonderful freedom of the colonial rule 
 under the domineering times of the Stuarts. It is 
 certainly well to bear this in mind as an historical 
 fact, and especially when the early wrongs of Virginia 
 are quoted against the boasted policy of our American 
 colonizing; the fact being, that the lowest amount of 
 freedom James the First permitted to Virginia, was 
 larger than he ever willingly consented to at home ; 
 but as a trait of human nature, there is nothing 
 wonderful in this apparent contradiction. In each 
 successive stage of our history, freedom at home, and 
 freedom in the colonies, have borne an inverse ratio 
 to each other. In the crisis of Charles the First's 
 attempts on our liberties, he restored freedom to 
 Virginia, and gave a charter of entire self-govern- 
 ment to Massachusetts. When the Commons were 
 in the ascendant, they passed an ordinance (Oct. 1650, 
 see Chalmers, 122), denouncing the independence of 
 the Colonies, and their traitorous usurpation of self- 
 
10 
 
 U ' 
 
 government. When Cromwell had become autocrat, 
 his first colonia'i act was to prepare for the removal of 
 military government from Jamaica, which the Spanish 
 population had rendered necessary at first, and to 
 provide a free constitution, which Charles II. gave. 
 Certainly, the culmination of tyranny gave the tem- 
 porary coincidence of transit to these two contrary 
 courses ; but when the House of Commons, fresh from 
 the effort of ejecting James II., passed an indignant 
 resolution, declaring his quo warrantos void, it was 
 the argument of Somers that diverted them from their 
 purpose (see Grahame, i. 361). But who so violated 
 the liberties of the Colonies as the hero of our own 
 liberties, William III.? 
 
 The truth is, there is an inherent love of domination 
 in our nature, and posts of power develop the germ. 
 When our rulers have found vent for this desire at 
 home, the Colonies have escaped in " happy neglect ;" 
 but what made James I., like Lord Grey, such a con- 
 stitution-maker abroad, was, the rarity of such enjoy- 
 ment permitted to his vanity, by the English consti- 
 tution; for whatever tyranny he might attempt at 
 home, the digesting of law codes was a luxury only 
 permitted to him abroad ; and Lord Grey very wisely 
 occupies his time at the Colonial Oflfice, not so much 
 in interfering with existing Colonial Governments 
 (that is the amusement of his subalterns), but in the 
 rarer and more godlike pleasure of creating new ones, 
 at least in imagination. His cieative power has 
 proved adequate to the production of one new consti- 
 
11 
 
 1 
 
 tution per anDuni, since his accession to office; and 
 when his originality is exhausted, he repeats and re- 
 produces his various modellings of free governments, 
 undaunted by the successive failures of every attempt. 
 We may, however, be assured, that as long as our 
 Colonies are submitted to this blistering regimen, it is 
 to no purpose that the Premier boasts of the principles 
 of freedom which even the haughtiest ages of prero- 
 gative recognised, in our colonial policy. History 
 rather bears this lesson, that when the principle of 
 colonial freedom is most loudly proclaimed, and those 
 are in power at home who make most profession of 
 recognising British rights, those are exactly the very 
 moments of greatest peril to the practical enjoyment 
 of colonial liberties. Liberal principles at home have 
 been the most certain prognosticators of a selfish 
 dogmatism being let loose abroad. 
 
 Lord John Russell (p. 9) will not state why our 
 plan of Colonial Government was altered, towards *-he 
 close of the last century. I know not why he should 
 be so mysterious about what all the world knows, — 
 that the first establishment of a purely penal Colony 
 at that time, necessarily introduced gaol principles, 
 instead of British rights, into the whole idea of our 
 colonial policy. He truly adds, that now the entire 
 abolition of commercial restrictions will further change 
 our views on the subject — it will join the whole school 
 of the mercantile system to that of the economists, in 
 one united advocacy of colonial freedom. The Navi- 
 gation Laws, always a sore subject with our Colonies, 
 
12 
 
 (f I 
 
 \ i 
 
 and, to say the least, defended only on selfish princi- 
 ples, are abandoned even by the calculations of the 
 very egotism which created them; with them will go 
 the other egotism, of supposing all God's world south 
 of the equator to be an immondezzaio for this island : 
 and then must revive, in original vigour, that equal 
 recognition of inalienable rights amongst all our fellow- 
 subjects, which has made England's offsets the giants 
 of the western world. 
 
 To say that we will abandon our present Colonies 
 because we have failed to make them what our earlier 
 settlements were, is mere recklessness. Let us rather 
 abandon the system which has crippled them — but 
 consider the abandonment of the Colonies a proposal, 
 as Lord John nobly says, consistent neither with our 
 obligations, our honour, nor our policy. 
 
 Not that we need pour our troops into their terri- 
 tories for the purpose of retaining them ; on the con- 
 trary, we may rather expect them to contribute, as of 
 oldj to our forces, whenever war shall rise against our 
 empire in their neighbourhood. Lord John chooses to 
 put his opinion in direct antagonism to all history, in 
 supposing the Cape would fall back upon Holland for 
 protection, if we were to call upon them to defend 
 themselves. We need not, in fact, discuss the ques- 
 tion, or refer to past instances. The Cape itself 
 already offers to maintain its own militia, if we will 
 give them self-government. Of course, as we have so 
 long beridden and corrupted their energies and inde- 
 pendence with our soldiery, we should not strip them 
 
 \ 
 
■ 
 
 13 
 
 bare at oiice. The unswaddling should be gradual ; 
 but there is some medium between abrupt with- 
 drawal of all troops, and the continued maintenance 
 of military occupation, so disproportioned to the qimsi 
 free remainder of the community, that, in one case 
 (the northern province of New Zealand), the number 
 of British soldiers now exceeds the mumber of the 
 adult male settlers in the land. 
 
 At this point in the speech (page 11) a statistical 
 episode is introduced, which is intended, by contrast- 
 ing the comparative increase of population in the 
 United States and our own adjoining territory, to 
 prove the superiority of our own regime, as far as a 
 more rapid increase of population can amount to such 
 a proof. But, acquitting Lord John Russell of any 
 intentional misrepresentation, of which no one on 
 earth could, in my mind, be less capable, I feel sure 
 he will himself be the first to laugh at the illustration 
 his own statement gives of the powers of statistics to 
 prove and disprove anything in the world. The old 
 thirteen United States have increased only eight-fold 
 since their independence, whereas Canada has increased 
 ten-fold, in the same period ; but that is to compare 
 the increase of a settled and inhabited country with 
 one to a great extent unsettled and uninhabited. If 
 the increase of London were similarly compared with 
 that of any part of New Zealand to which English 
 emigrants arc now going out, or with a new American 
 state in process of peopling, the result would be equally 
 fallacious. The metropolitan two millions would 
 
14 
 
 Hf 
 
 ;'.: s 
 
 
 
 1 : 
 
 U I 
 
 show an 1 icrease of 1^ per cent, in the course of the 
 year ; while the scattered hundreds of the new settle- 
 ment might show 100 per cent, increase; yet the 
 settlement need not, therefore, be more thriving, or 
 better governed than London. It is also clear, that 
 in calculating the progress of settlements, the actual 
 increments rather than the per-centages should be 
 compared. If a population of 10,000 is attracting 
 an additional 1000 every year ; while another popu- 
 lation of 100 is attracting only a languid addition of 
 twelve or fifteen persons annually, the former vigo- 
 rous Colony appears to be increasing only 10 per 
 cent. ; while the latter, in the extremities of inanition, 
 shows the superior growth of 12 or 15 per cent. The 
 calculation is like that of a boy of ten years old laugh- 
 ing at his father for adding only five years to his age, 
 while he has been doubling his. But while it is true that 
 tiie old thirteen states have only increased eight-fold, 
 while Canada has increased ten-fold ; it is equally 
 true that the valley of the Mississippi has in the same 
 period increased its population twenty-fold ; and, as 
 Mr. Roebuck very fairly replied, if the really parallel 
 cases of the state of Ohio and Upper Canada were 
 compared, the diAJsrence would exhibit, in even a more 
 startling light, the painful truth that our misgovern- 
 ment has acted as a blight on the energies of our 
 emigrating fellow-citizens ; and that nothing but an 
 almost romantic attachment to the old country has 
 kept Canada from throwing off its allegiance to her 
 Majesty. 
 
15 
 
 The whole difference, however, between the noble 
 Lord's idea of reform in Colonial Government and 
 that of the Society whose manifesto he honoured by 
 adopting it as the text of his dissertation, is summed 
 up in one short sentence, in the nineteenth page. It 
 is there denied that we should altogether abandon any 
 share in the government of the Colonies, and the 
 following page explains the ground of his objection, 
 " because it is impossible to draw any such distinc- 
 tion," as between local and imperial affairs — the one 
 to be wholly given up to the Colonial legislatures, the 
 other still retained under home control. The Society, 
 on the contrary, assert that we should instantly and 
 altogether abandon all share in the local government 
 of the Colonies, and retain under home control cer- 
 tain specified matters of imperial interest, adducing 
 the present example of the United States and the his- 
 torical evidence of all such combined governments, 
 and the confession of Lord John Russell himself, in the 
 sequel of this his argument, and in every attempt he 
 has made at federation in practice, as the undeniable 
 proof of the feasibility of their proposal. 
 
 De Tocqueville thus describes the separation of the 
 functions of government in America. " II s'agissait 
 de partager la souverainete de telle sort, que les dif- 
 ferents Etats qui formaient 1' Union continuassent k 
 se gouverner eux-memes dans tout ce qui ne regardait 
 que leur prosp^rit^ interieure, sans que la nation 
 enti^re, representee par 1' Union, cessat de faire un 
 corps, et de pourvoir a tous ses besoins g^n^raux. 
 
16 
 
 A 
 
 I- r- 
 
 
 ■.ii 
 
 f»li;i 
 
 PI 
 
 ■'hf ^ 
 
 On ddfinit, done, avec soin les attributions du gouverne- 
 ment f^d^ral, et Ton declara que tout ce qui n'^tait 
 pas compris dans la definition, c'est-^-dire, tons les 
 details de la vie sociale, rentrait dans les attributions 
 du gouvernement des Etats. Mais comme on pre- 
 Yoyait que, dans la pratique, des questions pourraient 
 s'^lever relativement aux limites exactes de ce gouverne- 
 ment exceptionnel, on cr^a une haute-cour f^d^rale, 
 dont I'une des attributions fut de maintenir entre les 
 deux gouvernements rivaux la division des pouvoirs 
 telle que la constitution I'avait ^tablie." Vol. i. 
 p. 183. 
 
 But Lord John Russell is, at all events, in this 
 dilemma. If such a separation of imperial and local 
 concerns between metropolitan England and her 
 colonies is possible, his whole ;,-gument against 
 abandoning any share in their local government, 
 based on the impossibility of the separation, falls to 
 the ground : if, on the other hand, the separation is 
 in this case impossible, how can he pretend to give 
 the colonies English institutions and the enjoyment 
 of English freedom? To give them representative 
 institutions and keep the control of their local affairs, is 
 indeed, to use Charles BuUer's metaphor, to light up a 
 blazing fire in a room without a chimney. He should 
 at once make up his mind, either to carry out the 
 piinciples of freedom professed, or to stand firm upon 
 his present position of surveillance; but at once to 
 proclaim a principle and deny its application- -to 
 offer self-government and retain the reins of govern- 
 
17 
 
 ment in his own hand, is simply to instigate re- 
 bellion. 
 
 But in the above remarks I have been giving the 
 Government credit for understanding the position which 
 is taken in opposition to their policy. I have con- 
 trasted with their scheme for reserving Crown authority 
 and the veto over all colonial affairs, only exercising 
 them moderately, the real counter-scheme of entire 
 abandonment of all such reservation over local legis- 
 lation, together with a strictly defined home govern- 
 ment in certain specified imperial matters. It is, 
 however, quite clear, from the language he adopts 
 (page 20), that up to this hour the noble Lord does 
 not perceive the real exception taken to his policy, 
 nor the nature of the proposition placed in direct 
 opposition to it. The i.:arginal note says, * No pre- 
 cise limit can be drawn between laws of imperial and 
 of colonial concern ;' but the text itself runs thus : 
 ' Another scheme which has been proposed (by the 
 Society) is, that a certain description of laws adopted 
 by the Colonial legislatures should require the assent 
 of the imperial authority; but that, with regard 
 generally to the acts of the Colonial legislatures, no 
 such sanction should be requisite; and that a line 
 should be drawn between those laws which require 
 the assent of the Crown and those which should be 
 enforced without such assent.' No such scheme has 
 ever, to my knowledge, been proposed by anybody — 
 certainly not by the Society for the Reform of 
 Colonial Government. Their proposal is not so to 
 
 B 
 
18 
 
 !. 
 
 1J 
 
 ill 
 
 1) . 
 
 It X[, 
 
 separate imperial and local concerns as to relieve 
 the Colonial legislature from the veto in the latter 
 case, nor retain that suspended authority in the 
 former. In their scheme, the word "veto" dis- 
 appears. The Colonial legislature would pave, and 
 light, and road-make, sell land, tax, appoint their 
 own ofl&cers, &c., without the slightest power of 
 interference from Downing-street. The Imperial 
 legislature would make treaties, peace or war, 
 and exercise some ten or twelve other strictly 
 specified functions, without the check or interven- 
 tion of the Colony. This is no immaterial dis- 
 tinction between the real proposition of the Colonial 
 reformers, and the proposition which Lord John 
 Russell supposes them to make. It involves the whole 
 point at issue — the veto of the Crown on Colonial 
 legislation, that which the Colonial officials would 
 rather die than give up, that which the Colonial 
 reformers see must be given up, and the Colonies 
 retained; or else may be retained, and the Colonies 
 given up. They know enough of what is going on 
 in the Colonies, to be assured there is no other alter- 
 native ; and while they instantly make up their minds 
 to abandon the veto system, they ask themselves of 
 what earthly use or advantage it has ever been to this 
 country, whilst it has been paralyzing the Colonies, — 
 and the only answer they Come to, is — none whatever.* 
 From the 25th page, the speech proceeds to illus- 
 
 * The veto, as now used, was one of the leading grounds of 
 complaint in the declaration of independence. 
 
19 
 
 trate the adopted Colonial policy of ** no monopoly," 
 and " English freedom," by its application to a series 
 of Colonies, taken in the order which the Society for 
 the Reform of Colonial Government had adopted in 
 their address. 
 
 With regard to Canada, Lord John gives a short 
 recital, which one might expect to suggest other 
 lessons than those he has attached to it. Up to 1828, 
 this government attempted to tax the Canadians with- 
 out their consent — ^in fact, to reduce the Eepresentative 
 Assembly to a nullity. The Canadians resisted, even 
 to the point of successful rebellion, and they have in 
 consequence obtained all they asked for, only with 
 irritating recollections of our reluctance, and gaping 
 schisms amongst themselves. When Lord John 
 Bussell winds up this account with hearty congratu- 
 lations on the principles of self-government having been 
 thus fairly and fully carried out, one hesitates whether 
 most to admire the fairness of the process, or the ful- 
 ness of the result. I should have preferred the recog- 
 nition of constitutional principles at once, in 1828, 
 without putting the patience and attachment of the 
 Colony to the test ; and even now the fulness of the 
 British principle of government would be still more 
 striking without the nomination of the Upper Chamber, 
 or the reserved though not-to-be-used veto of the 
 Crown. Now that every nerve in that body politic 
 has been lacerated, it may be difficult — it may be too 
 late to compose its irritations; but should such 
 questions as actual separation come to issue, the 
 
 b2 
 
20 
 
 r 
 
 i'!! 
 
 Society will have the consolation of the reflection, 
 that, by its efforts, the only course which might have 
 averted such a catastrophe had not wanted earnest 
 advocacy to the last. 
 
 The Cape is next cited as a Colony, in the course 
 of having its proper privileges recognised. The new 
 constitution in preparation for it was the first-fruit 
 of the Reform Society's influence, even before it had 
 well corameDced its work. These are the roses scat- 
 tered before the footsteps of the early dawning of 
 Reform — the growth of its approach. But the blight 
 of the undissipated dews taint the too early promise 
 — the fast-rising principles are not yet in thp ascendant 
 — and we must have patience. Our fellow subjects 
 in the Colonies will soon really enjoy the British in- 
 stitutions promised them. Lord Grey's first draft, 
 that made for New Zealand, offered two chambers, the 
 upper wholly appointed by the Crown. This, his 
 last scheme, introduces the principle of election into 
 the formation of both chambers, so far further recog- 
 nising the British theory, that neither are meant to 
 represent the will of the Sovereign. But if our 
 delight at this advancing ripeness will permit us to 
 inspect more carefully, we find the repugnant love of 
 power only more deeply bedded in, and the novel 
 apparatus of an electoral body of " persons of weight 
 and influence as magistrates, and others," formed for 
 the special purpose of saving the official influence in 
 the working of the institution. 
 
 I am not one of those who think the gift of British 
 
21 
 
 institutions means the exact repetition of their forms, 
 
 on the contrary, I believe the essence of our constitu- 
 tion to be its free and elastic expression of the spirit 
 of the people. To imitate such a constitution by the 
 transference elsewhere of the precise forms it may 
 here assume, would be to insure the failure of the 
 attempt, for its essential character of adaptation to 
 its circumstances would be destroyed by such treat- 
 ment. When the United States attempted to transfer 
 their form of government to Mexico, Santa Anna 
 rightly attributed the failure to the error of supposing 
 their institutions were transplantable, without the 
 people going with them. If France, by way of 
 acquiring English freedom, were to adopt our consti- 
 tution bodily, she would soon find the dress ill-suited 
 to her person. The powers of so free a government 
 would be too weak for a people unaccustomed to 
 exercise freedom calmly and habitually. So, even for 
 the British population of Australia, separated from us 
 by half the world's girth, and coloured, if not tainted, 
 by a separate history of very different omen from our 
 own for half-a-century, and still more for the mixed 
 inhabitants of the Cape, we must supply rather the 
 pattern, than the ready-made costume of England's wear. 
 I have no thought of exporting exact models of our 
 Queen, Lords, and Commons there; but this I know, 
 that any statesman who professes to give them the 
 British constitution, and makes two out of three of 
 the estates appertain to the Crown, is a man who may 
 be intimately acquainted with his own idiosyncrasy, 
 
SI 
 
 
 M 
 
 '1 
 II 
 
 I 
 
 but as relates to his public yocation, and the task he 
 has assumed, he understands neither the constitution 
 he is administrating, nor the temper of the people to 
 whom he seeks to communicate it. 
 
 With regard to Australia (p. 31), Lord John Russell 
 plainly states it must be made an exceptional case. 
 Even with the very limited views the Government 
 have of liberalizing their foreign rule, their hybrid 
 British Constitution is too genuine to be safe for 
 Australia. " Their measure for that colony goes not 
 on the principle of imitating this country's form, as 
 has hitherto been most palatable and popular in our 
 colonies:" 1st. Because they consider Lord Stanley's 
 one-third nominated single Chamber was a plan 
 "finally" enacted in 1842;* 2nd. Because it has since 
 been found acceptable to the people of New South 
 Wales, and, therefore, possibly may be liked also by 
 Van Diemen's Land, South Australia, and Western 
 Australia. To the reason first assigned, it may be 
 enough to state that Lord Stanley's plan of 1842 was 
 most distinctly proposed as a temporary, not a final 
 plan. The arguments used for it were so entirely in 
 contemplation of a speedy change to something better, 
 that all reasons to be drawn from them to influence 
 present policy would go directly against the Govern- 
 ment proposition, of making the scaffolding of 1842 
 
 * See also in Australian Colonies Papers, 1849, the Privy 
 Council Eeport : " We reluctantly decide that the system which 
 now prevails should be continued and provided for the neighbour- 
 ing Colonies— first, because it was the pleasure of Parliament, in 
 the year 1842, to establish that system." 
 
23 
 
 the rioketty foundation of the new constitution of 
 1860. If the constitution given by Lord Stanley in 
 1842 was considered so finally adopted, that any new 
 Constitution must be based upon it, why did Lord 
 Grey, the very first year he was in office, ^ry to 
 supersede it by his New Zealand constitution, which, 
 amongst a thousand anomalous innovations, had at 
 least the form of a double Chamber in it? Why did 
 he, when that failed, continue restlessly intent on 
 making any change, fixed only in one intention, not to 
 allow that to remain, which he now considers the un- 
 avoidable basis of any further legislation. Lord Grey 
 has, unfortunately for this Australian constitution 
 scheme, folded it as a sandwich between two other 
 schemes of his own, each contradictory to it, — the New 
 Zealand at the bottom, and the Cape at the top: its 
 antecedents and consequents seem to crush it between 
 them. Lord Grey now wishes to make his Australian 
 plan appear to be a continuation of Lord Stanley's ; but 
 he is intercepted by his own intervening New Zealand 
 plan, oflfered also to New South Wales. He cannot, 
 on the other hand, make it appear a part of future 
 schemes ; for he has overlaid it by his already published 
 Cape scheme. This isolated constitution, appropriate 
 to New South Wales in nothing but its exile character 
 ^-disowned by Lord Stanley — repelled from all sides 
 by Lord Grey's own antagonistic propositions — at 
 last is rested upon another pretext : it is said to be 
 " ac'^.epted by the people of New South Wales as a pre- 
 ferable form of Popular Government to that which 
 
Il^ ' . i\ 
 
 It 
 
 1 
 
 u 
 
 is more in analogy with the Government of this 
 country" (p. 32). Proh pudor f one stands agb" t at 
 tlie audacity of this assumption ; whether it be at the 
 description of this one- third nominated single Chamber, 
 as a popular form of Government at all, or at the 
 notion of inducing Englishmen to believe that they 
 have fellow-countrymen in the world who can prefer 
 it to their own. There is something pleasant, however, 
 in the device, when one comes to look into it. Lord 
 Grey first propounded a double-Chamber constitution, 
 in 1846, to New South Wales, so fraught with mis- 
 chievous novelties and fancies of his own, that a 
 volley of indignant remonstrance burst forth from 
 the whole Colony. Lord Grey, rather piqued, retorted 
 with the stern alternative of the old one-third nomi- 
 nated single Chamber; and now when the English 
 Reformers warn him that he will only get a second 
 more indignant remonstrance, he produces, and in 
 two successive blue books twice over publishes, not 
 any expressions of altered feelings more favourable 
 to the old Legislature, but the remonstrances against 
 his first scheme, as proof, not of comparative, but of 
 positive satisfaction with his alternative. He goes 
 further; for although the one good feature in his first 
 scheme, was a double Chamber, he attaches the remon- 
 strances to that particular feature, although they were 
 distinctly made against another T)oint, namely, the 
 proposed electoral system ; and whenever, in the ex- 
 tremity of their despair, the colonists exclaimed that 
 even their old iniquitous Legislature was preferable to 
 
 [1^ 
 
 'if 
 
25 
 
 one based on i:uch a novel sort of electoral system, such 
 language is quoted against them as expressive of 
 satisfaction with their single Chamber, as now consti- 
 tuted. A few years ago, a great outcry was made in 
 one of the Union Workhouses about the dietary, and 
 the Commissioner, on inspection, decided that it was 
 not only bad, but contrary to the law, and ordered 
 it to be immediately altered. The board, which 
 consisted of a dogged set of farmers, adopted the 
 exact scale provided by law, but attached such 
 obnoxious regulations to the reformed plan, that the 
 inmates broke out into louder complaints than ever. 
 They were too much subdued by their previous treat- 
 ment to muster an actual rebellion, — they very sub- 
 missively prayed rather to have the old dietary 
 restored, than the new one, so circumstanced: upon 
 which the board of Guardians triumphantly sent such 
 extracts of the petition as suited their purpose, and 
 proved, rather to the surprise than satisfaction of the 
 Commissioner, that the inmates of that particular 
 Workhouse liked being starved — though what the 
 petition really did say was, that they preferred half- 
 rations, with tolerable comfort, to a better supply, so 
 regulated ls to be obnoxious to all their habits. The 
 case strikes me as bearing a very strict analogy to the 
 present treatment of New South Wales. If we can 
 fancy the same Commissioner, enamoured of the newly- 
 fo'ind preference of half-rations in the abstract, pro- 
 ceeding to order in four or f.ve surrounding work- 
 houses — who had expressed no opinion, nor ever tried 
 
26 
 
 H'ii 
 
 the dietary in question — the introduction of the re- 
 duced and vicious scale, the original complaint against 
 which was the only foundation of its approval,* we 
 should then, in imagination, (it would not be possible 
 in reality,) have an analogy to the further proposal of 
 ministers, to extend the condemned legislation of New 
 South W^ales to four other colonies, which have 
 only never asked to be relieved from such a con- 
 stitution, because they have never yet suffered from 
 its infliction. 
 
 But it is said by the Government, we do not mean 
 these Colonies to retain this form of constitution ; we 
 give it them in order that they may change it and 
 improve. We are making them reculer pour mieitx 
 sauter. Our plau is homoeopathic ; we first exagge- 
 rate, in order ultimately to cure the disease ; and as 
 to the analogy of the Poor-Law Commissioners order- 
 ing the resumption of an improper dietary, because 
 the paupers complained of a worse one offered, we, on 
 the contrary, attach to our re-granted constitution — 
 the change of which we allow has been the object from 
 the first — full powers of changing itself. 
 
 I reply to them, you do not give full powers of alter- 
 ing, but reserve a veto, which you fully intend to exer- 
 cise, except in case of the alteration taking such a form 
 as you approve, which form you might as well designate 
 
 * It is remarkable that all the supposed expressions of New 
 South Wales in favour of their present legislature occur in the 
 course of a discussion how to change it. Their approbation of 
 what they asked to be rid of is measured by the excess of their 
 difiguf t of something worse. 
 
27 
 
 at once yourselves, and constitute for the Colony. 
 And you would do so were you acting bond fide to- 
 wards Australia, and not under the bias of a pique 
 taken by Lord Grey.* 
 
 The result must be one of three anomalies. Either, 
 1st. Australia hates the single one-third nominated 
 Chamber, and will instantly change it for some- 
 thing more like British forms, only hampered by 
 haying the nominees in their way in the transac- 
 tion. In this case, clearly, it would hare been 
 better to have laid the British foundation at once, 
 instead of causing the useless and perplexing inter- 
 vention of an incongruous constituent body. Or, 
 2ndly. Australia likes the single one-third-nomi- 
 nated Chamber, and will not alter it at all ; in which 
 case it would be better to leave it alone, and only 
 permit the extension of such a blessing to any 
 neighbours infected by its attractions. Or, 8rdly. 
 Australia likes the Chamber quoad single, but 
 not as to its nominated portion ; in which case the 
 colonists, having the majority, will strike out the 
 nominees, and set up unqualified democracies in single 
 Chambers. This, however, the Home Government 
 would veto. Whichever way, then, the result may 
 go, the conclusion is inevitable against this luckless 
 Grovernment measure. It has not an argument in its 
 
 * The Bill does not say that the Australian legislature may 
 make any constitutions they please, but practically only any that 
 may pleaae Lord Grey. If, then, only a limited choice is given, 
 some clue to the kind which will be approved were but charity, 
 and avoidance of dispute. 
 
28 
 
 11 'i 
 
 m 
 
 0' 
 
 m 
 
 favour ; and if carried by sheer Government musters 
 against Opposition apathy, it will form another chapter 
 to our colonial history, of wilful blindness, leading to 
 the disappointment, irritation, and final loss of our 
 Colonies. 
 
 I do not mean that the whole or main question of 
 what is the proper constitution for the British settle- 
 ments in Australia, is comprised in the one alternative 
 of a single or double Chamber — I have balanced the 
 question upon that point, because the circumstances 
 of the case practically make it the turning point in 
 the discussion. 
 
 The problem is, how to give Australia a consti- 
 tution as nearly similar to the British as possible — 
 that is, with at least one estate freely representative ; 
 and if of three estates, so that the second be also 
 independent of the will of the Crown — representing, 
 as it were, the second or more deliberate thoughts of 
 the community. 
 
 (1) The present institution, then, clearly will not 
 do; (2) it must either have its nomimal members 
 struck out, and become a wild democracy ; or (3) have a 
 second Chamber, containing some kind of conservative 
 element, though independent of the Crown. 
 
 The Government propose the first position of im- 
 possible continuance, professing their intention to let 
 it develop itself into one of the two other results 
 They must be aware that such a self-acting develop- 
 ment would, under the circumstances, become a scene 
 of collision, and dispute, and unsatisfactory conclusion. 
 
29 
 
 The single elective Chamber they would not permit, 
 preferable as even such a constitution, given at once, 
 would be to their proposal. The double Chamber, 
 therefore, becomes equivalent to the whole principle 
 to be fought for ; nor can there be any doubt that it 
 must be elective, in order to fulfil its particular 
 requirements. Some may sigh for an hereditary 
 aristocracy: time may possibly create such a cla?; 
 Some think they will carry both points — the con- 
 servative element and the freedom from Crown in- 
 fluence — by life-nomination. They are contradicted 
 by history — both by French history and American. 
 The process will not produce the desired result. 
 Election alone remains ; and two elective Chambers 
 are what all persons really acquainted with the 
 Australian Colonies know they themselves desire. 
 
 Meanwhile, let all remember that the present Govern- 
 ment of these and many others of our " occupation" 
 Colonies is pronounced by all professional authority, 
 to be utterly unconstitutional and illegal. The Crown 
 is practically legislating for English subjects without 
 their consent. They are kept subject only by the 
 law of the strongest, not by right; for the Queen 
 cannot pretend to treat Colonies by occupation, as 
 she may rule Colonies by conquest; nor can she 
 deprive her meanest subject of his birthright of 
 freedom, any more than he can divest himself of his 
 allegiance. 
 
 Nor will these Colonies bear their present mode of 
 government nmch longer. " The question (in the 
 
■I 
 I 
 
 I 
 
 f 
 
 30 
 
 words of Mr. Godley's farewell letter to Mr. Glad- 
 stone) is no longer between local self-government and 
 the centralism of Downing-street, but between local 
 self-government and national independence." 
 
 If we trifle with this Australian Bill, and pass it 
 from apathy, or at Lord John Russell's dictation, or 
 under the exquisite delusion of supposing it offers what 
 will satisfy the Colonies, or what can possibly produce 
 local self-government, the die is cast : it is probably 
 our last hazard. Lord Grey will have the credit of 
 having repeated Lord North's blunder with the 
 warning before his eyes, and in the teeth of his own 
 professions. Vidit meliora, prohavitque — deteriora 
 secutus est. 
 
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