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NOTES
ON
FEDERAL GOVERNMENTS,
PAST AND PRESENT.
BY
THE HON. THOS. D'ARCY McGEE, M.R.I.A.
With an Appendix, containing the Federal Consti- tution OF the New Zealand Colonies.
" I would form an individual model, suited to the character, disposition, wants, and circumstances of tlie country, and I would make all exertions, wliether by action or by writing, within the limits of the cxistins law, for ameliorating its existing condition, and bringing it nearer to the model selected for imitation."— Sill Gi:<). CoiUN-EWALL Ljiwi.'^.— ^ Dialogue cm the best form of Government. page 117.
Potttvf al :
PUBLISDED BY DAWSON BROTHERS. 1865.
Price 25 Cents.
JOHN LOVELL, PKINTER.
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®hiis ([^otttvUitttiott to the <li,$cu,o.5i0n of iht j&itljject Pa.«t itttete.sitittg ta iUm gtovinm^
|f;5i, lij) i«mi,$.siatt,
|U.«l»fc«ttUij §mtnUA,
MONTEKAL, Dec. 24th, 1864.
«
CONTENTS.
•»•
Paok.
I. On the Federal Government of the Greeks, 7
% II, The Italian Leagues of the Middle Ages. . 17
IlI._TiiE Swiss Confederation 21
ly . The United Provinces of the Netherlands . . 20
Y.—The German Confederation ^0
VI. — The United States '^^
\'II,_The Confederate States 41
Yin. —The New Zealand Confhderation 45
IX. — Conclusion ♦>!
ApL'KNDIX '^'^
e.
7/S?<^/ ^
/
^-XJ^CL^^
/
I. — On the Federal Government of the (J reeks.
Mr. Grote concludes his admirablo History of Greece with the exi)loits and death of Alexan(h3r ( J>.(J. 'V2?>), It i« certainly a striking and appropriate conch ision. In the twelve years' reign of the Macedonian con(|ueror, the Hellenic genius seemed to blaze \\\) to its utmost height, to cast its far reflections over the whole earth, to waver, to subside, and almost to ex})irc. For an epic close to an epic story, the career of that earlier " scourge of God," so s})lendid in his rise, so resistless in his [)rimc, so lamentable in his death, could not have been crpialled. But witluh-awing our attention, even from such a personage as Alexander, and freeing our- selves, by an effort, from the fascinations of such a writer as Mr. Grote, we dare \mite in opinion with those Avho hold^ that the century after the great con([ueror's death, is not the least glorious or instructive hi Grecian history. This was the century when the famous Federations, or Leagues, of il^]tolia and Achaia, with their lesser imitators, played so important a part in the affairs, not only of Greece proper, but of the whole Ilelk'nic world. It was the century of the foundation of Greek dynasties at Alexandria and Antioch ; the century of the Antigonid kings in Maccdon ; of Phokion and Deme- trius at Athens ; of Aratos and Philopoimen among the Achaians ; and of Kleomines in Sparta. But the political characteristic which, of all others, commends it most to our attention, is the disposition to federalize, then first followed out, practically and perscveringly, by the Greeks of the fatherland.
No trait of public character was more invariable in the
8
earlier and licttcr known .'i.l^ch of (Irerce, than the jeal<-Misy witli wliieh <'aeli cninniuiiity ,LMinrile(l its own autonomy. Tlio ImndreU and fil'ty (•on>titutions ^vllieh iVristotlc eolleeti'tl, in the a;_'c of Alexander, represented, of eourse, as many <listinet ,i:<»vernments or states. The majority of these ""states" were mere eity eommonwealths, hounded l)y tlieii- ualls and their ;:all(!ys, standin,::; for eenturies almost within si;j;lit of each other, speakin;:' the same speech, and worshipping the same ,:i<»(ls ; hut without a particle (tf the insatiate lioman tliirst for centralization. They had, indeeil, in the I'anliellenic festivals a sultstitute, which seems to have served them, at one time, in the stead of national unity. To these great periodical gatherings on the l)anks of the Alpheus and the shores of the Isthmus, the (Ji'eeks of Marseilles, of Emporia, of Syracuse, of Kyrene, of Sinope, and of Bosporus, and IJorysthenes, Avere five to come. Champions entering for the games, were considered, like amhassadors, sacred in their persons ; and the farther removed, in ])oint of resiihrnce, the victor might he, the greater, in those few short (hiys of glo- rious confraternity, was accounted the lustre thrown upon the ancestral soil by his achievements.
But the games and rites once over, the self-willed com- munities fell hack upon their jealous autonomy ; and all the fine songs of fraternity chaunted in cliorus by colonists and oUl-countrymen, were exchanged for the keenest and most grasping selfishness. This, perhaps, wjs the main secret of Grecian decay. Intellectually the first of races, they liad yet one cardinal defect of character — they lacked the power of sustained political combination. In their happier times they did not so much need or miss this essential (|uahty in a truly great people ; but when, within two lives, Macedon rose to the rank of the first military empire of the earth, — when they found this fiercer Persia estabhshed on their own frontier as a perpetual menace, — then the last statesmen of Greece, worthy of the name, saw the necessity of bringing
i
9
about a union of the iuitononvms govcnimcMitH, for their nnituiil Hai'i'ty aiul (U't'cnco,
Of these unions, the two most eclchrated were, the .-Etollan Lea,i:;uc' autl the Achaian; tlie fornicr (hilin;^ fi'oni ion;j; hcforo Alexaixh'T, and ('nnlinuin;^; till its sul)niission to iJonic (about 180 ]J.(;.) : the latter first rising' into notiee about 15. (.'. 2H0, and con tinui 11,1!; till its turn caiuo to sulduit to Rome, 15.0. 14"). We have thus a eentury and a half of Aehaian bY'd- eralisni ; and a niiudi lon;j;er period (])ut with far fewer li;^ht8 to ^uide us throu;j;h it) (»f .Ktolian Federalism. The scholars of Oernumy have labored with their proverbial imliistry to illustrate this, as well as every other ])hase of (Jrecian ]iublio life ; ami anions ourselves, llishop Thirlwall, in his last volume, and ]\fr. Freeman,* in his first, have collected to;^'etlicr almost all that is possible to be known upon the subjeet.
At the period of its greatest extent, the .Ktnlian Confed- eracy included the whole of Northern Oreece, borderin;^ on Thessaly and E[)irus, a part of Central Oreece (inchidin;^ at one time Delphi), and the islands of Teos and Kios, in the iEiiican {^ea. The iEtolians proper were mountain tribes, of admitted Hellenic stock, but of very inferior Hellenic culture. They had, however, in a hiirher de,^ree than others of the Greeks, the constitutional virtues of o))edience and subordina- tion ; and their league was, consc(piently, the longest-lived and the most highly centralized known to that people. Tt was a league of districts rather than of cities ; and in the diversity of its elements, as well as its geographical position, bore some general resemblance to Switzerland — with her city-cantons and forest-cantons. The Constitution Avas, in the Greek sense, democratic — that is to say, in our modern sense, aristocratic. The general assembly, Avliich met for '*• despatcli of business," usually at the autumnal ecpiinox, at Avhatever place it might
•History of Federal Governments. London and Cambridge ; McMillan k Co. 1803. Vol. I. Greek Federations.
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be summoned, was primary ; that is, every free citizen had the right to be present, to speak, and to vote. Practically, only the chieftains of the hill-tribes, and the wealthier inhabi- tants of the more settled districts attended. The executive power was constituted of the apokletoi, or senate, a sort of committee of the assembly, numbering at one time as high as thirty members ; a commander-in-chief ; a master of horse ; and an official answering to our notions of a secretary of state. The commander-in-chief was also president of the general assembly ; but he had neither voice nor vote in its deliberations. He could, however, summon special meetings; and he also seeme to have presided in the highest court of justice. The magistracy, coinage, and taxation, beside the sovereign powers of peace and Avar, were all subject to the federal authority. As a general rule, the /Etolians are always spoken of by cotcmporary writers as one i)eople ; and thougli their annals are not always free from reproach, it is certain that in resisting the Gaulish invasion of Greece (B.C. 279), and in the unhappy Lamian war (B.C. 322), they bore a most honorable part. On entering into alliance with the Romans, tliey made very favorable conditions ; but their place in history knows them no more.
The Acluiian League diftered from the yEtolian in many important particulars. It was strictly a league of cities, of which modern research has enumerated not less than seventy. Of these about one-half joined the Union during the first forty years of its existence, while others continued to drop in down to the very hour of its dissolution. At its best, this govern- ment was supreme in Peloponnesus, garrisoning Akrokorin- thos and Mautineia with Federal troo|)S ; and wielding the resources of such cities as Connth, Sikjiihi, Megalopolis, Megara, Argos, Pellene, and others scarcely less i>opulous. Aigion was at first tlie Federal capital ; but Philopoimen, (B.C. 194) introduced the system of meeting in the prin- cipal cities by rotation, — a change which is thought by some
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historians to have hastened the downfall of the government it was intended to strengthen.
The Achaian Constitution consisted in the first place of a primar}^ general assembly, convoked twice a year ; a commit- tee of the assembly acting as a sort of senate ; a commander- in-chief, chosen annually ; with a council of ten. The com- mander-in-chief was also the leader, if not the president of the general asseml)ly, and seems to have centred in his own person the highest civil as well as military powers. No citizen could fill this office two years in succession, as we learn from the life of the all-powerful Aratos, who was compelled to rest content with being in command every second year. As the sessions of the general assembly rarely exceeded three days in duration, the real power rested with the commander-in-chief, his council, and the senatorial com- mittee or commission.
It is now more than eighty years ago since the two closest students of Federal princijiles that America has produced,* t)bserved, " Could tlie interior structure and regular opera- tion of the Achaian League be ascertained, it is probable that more light might ])e thrown by it on the science of Federal government, than by any of the like experiments with which we are acquainted." Recent researches, the results of which may be ])ricfly stated, have gone a long way to supply this desideratum, as pointed out in the Federalist.
It seems certain the general government, under the Achuian Constitution, was sovereign ; that it sent and re- ceived ambassadors, enlisted and maintained troops, coined money, and performed other acts of sovereignty. As in all Greek communities — except the avowed monarchies — the final vote, on peace, or war, or foreign alliances, Avas sub- mitted to the people — that is, to the general assembly. The assemljly, though open to all freemen, was practically in the
* Madison and Hamilton. — FideraUst, No. 18 (a joint composition).
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hands of what a modem democrat wouhl call the aristocracy — the hest educated men, of wealth, leisure, and good family. The vote, however, was taken by cities, not by the poll, which would seem to im|>ly some sort of delegation of autho- rity to those who were to speak for all their fellow-citizens. Each city had but one vote — an arbitrary arrangement, irre- spective of the wealth or po\Yer of the city, which must have been felt to be unjust by such communities as Corinth and Argos, when they were outvoted by Aigion, and towns of that size. The only Confederation of antiquity which seems to have graduated the votes of its members, with reference to their relative importance, Avas the Lykian League. But Lykia was a non-llellenic State, and is not now under con- sideration.
From the extreme shortness of the popular session, as Mr. Freeman remarks, it is evident the initiation of almost all measures to be submitted to the assembly must have devolved on the government. At an extraordinary session, from the very nature of the emergency, this must have been more exclusively so. The council of ten — one from each ot ten cities, afterwards enlarged— seems to have sat, in execu- tive session, as is the case at Washington ; but with some material points of difterence. It often sat Avhen the assembly did not ; assisted in preparing measures for the assembly; and received and heard ambassadors, after the Roman man- ner. There does not appear to have been any system of Federal taxation established ; but in its stead requisitions were made annually, for a certain contingent contribution, from the different cities. The commander-in-chief had authority to call out the Avholc military force of the Confederates ; but there Avas in addition a standing Federal force, of Avhom a certain proportion Avere mercenary troops.
The lives of Aratos and Philopoimen, the greatest states- man and the greatest soldier of the Achaian Union, must be familiar to all readers of Polybius and Plutarch.
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T
Aratos was born at Sikyon, on the bay of Corinth, B.C. 271. At the age of seven he, of all his family, escaped with life from a local tyrant who had usurped the city. Educated at Argos, the youthful exile, at the ago of twenty, by a night surprise as daring as anything in history, delivered his native city from her tyrant, ^^ithout the eftusion of blood. In that hour he laid the foundations of a popularity which he never wholly lost ; Avhich placed him twelve or thirteen several times at the head of tlie Achaians, and gave him the first place among the Creeks of his day.
The policy of Aratos, during the nearly forty years of his domination, at first led him to lean on that one of Alexander's successors, established in Egypt, rather than on Macedon. He endeavored to use, and not without success, the Ptolemies against the Antigonids. Egypt was not too far for an ally, while INIacedon was near enough for an enemy. The aid lie chiefly derived from Alexandria was money ; of which Ptolemy Philadelphos is said to have given him from time to time 170 talents. By him the Macedonian garrison was surprised and expelled from Akrokorinthos, the key of the Peloponnesus. By him Corinth, Megara, Megalopolis, Argos, and other great cities, were brought into the Union. The dream of his life was to have added Athens to the rest, either by persuasion or conquest ; but the degenerate capital of Attica preferred its nominal autonomy and real dependence on Macedon, to the headship of the noblest native alliance ever formed in Greece. When Phokion was the first in authority, and the living Demetrius was worshipped as a god, no wonder Aratos failed in all his efforts. With the Spartan kings, the Boeotians, and the iEtohan league, he at first formed an alliance against Macedon, for what was called " the Demetrian war," one battle in which, at least, was fought as far northward as Thessaly. The shifting necessities of the allies, however, soon ranged them upon opposite sides. The ^tolians made peace with Macedon ; while the Spartans who, under Agis,
14
fought side by side with the Achaians, became, under Klcomines, the most formidable assailants of the united cities. In three campaigns (B.C. 226-224), the Spartans won three pitched battles over the Achaians, and otherwise broke their ascendancy in Southem Greece. Kleomines himself would willingly have joined the Union, but only on condition of making Sparta its capital, and himself its general. Rather than submit to this dictation, the Federal assembly agreed (B.C. 224) to invite the king of Macedon into Pelopon- nesus, as a protector ; a fatal altci-native, Avhich embittered the last years, if it did not literally occasion the death, of Aratos. At this period, the true policy of Greece, could her States and statesmen have seen it, as Isocrates had long before advocated, and Agelaos and other patriotic Greeks again contended, might have been a general Union, under the headship of Macedon. Macedon was the northern barrier of Greece, and the Romans were already established in Illyria. But instead of a closer Union, we find the Achaian League, engaged on one side, and the iEtolian League, on the other, in the suicidal " Social War." We need not be surprised, if in another generation Rome had swallowed up the iEtolians, and in yet another, the Achaians themselves.
After the death of Aratos (B.C. 213), the last stand was made for Federal Greece, by Philopoimen, of Megalo- polis. The Romans call this illustrious man, " the last of the Greeks;" and Plutarch tells us, " Greece loved him exceed- ingly, as the child of her old age." He was, however, the very opposite of Aratos, a daring and capable soldier, rather than a profound statesman. His greatest political successes were, bringing Sparta into the league, and keei)ing the Union intact against the intrigues of the Romans. He was for the eighth time general, when, in the 70th year of his age (B.C. 183), he was captured by the Mcsscnians, who had seceded from the Union, and died the death of Socrates and Demosthenes, taking poison in prison. " He left the
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League," says Mr. Freeman, " if not what it once had been, yet as flourishing and as independent as any State could hope to be in those evil times. Achaia was still the first of exist- ing republics, the compeer of any existing kingdom." For nearly forty years longer the league continued to exist, at least in name, till the final subjection of Southern Greece by the Consul Mummius (B.C. 147), who was honored by his countrymen therefor, with the surname of Achaiacus.
Of the other Federations of the Greeks, though far from being obscure in their time, we have too scanty records to enable us to give a detailed description.
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m
NOTE ON THE LYKIAN LEAGUE.
The Lykian League— though not the work of an Hellenic people, exceeded anything known to the Greeks, in the completeness of its parts. The records of its origin are lost with the language of its citizens ; but we have several Roman notices of it from B.C. 188, to its incorporation into the Empire, under Claudius, (A.D. 50.) In Strabo, the Geogra- pher's time (A.D. 25), it consisted of three and twenty cities ; which cities met in a common assembly, wherever they choose ; the greater cities had three votes each ; and the lesser, one. There seems to have been a senate as well as a general assembly. By tliese bodies the Lykiarch, or chief magistrate was chosen ; the Federal judges, and other magistrates. Before its alliance with Rome, the Federal power con- cluded peace, or made war, contracted alliances, coined money, &c., &c. The outlines of this Constitution Imve excited the admiration of many high political authorities, considering the state of knowledge which prevailed in the ages when it was in being.
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II. — The Italian Leaguks of the Middle Ages.
To the beginning of tlic eleventh century, Miiratori traces the rise of the greater part of the independent governments of Italy, and to the last half of the twelfth, their first attempts at Confederation.
The earliest of the Italian Leagues, like those of Greece, arose out of a great military necessity. Frederick J>ar})arossa having been crowned emperor, at Aix-la-Chapelle,in the year 1152, commenced at once tliat series of Italian aggressions which ceased only with his crusade and death — A.D. 111)0. The city of Milan, as it was the chief object of his hostility, so it had the honor as Avell as the foresight to bring about the first Lombard League. In the tenth year of Frederick's reign, this great city, the churches excepted, was laid in ashes ; but from those ashes arose the first and most cele- brated of the Italian Unions. Originally the league consisted of seventeen cities, and the Manpiisate of Malaspina. In 11 TO, the army of the League won the glorious victory of Legnano ; and seven years later they obtained their own con- ditions of peace, by the treaty of Constance.*
The league of Lombardy, originally entered into for a period of twenty years, w'as, from time to time, prolonged or renewed, down to the beginning of the Fourteenth century, when the great family of the Visconti, overgrowing all other influences, chaniicd the consular and elective government into a
o-
ducal and hereditary power. In the century and a half,
*For the rise of the Lombard League, see Sisraondi, "Italian Repub- lics," Vol. I. chap. X, and Vol. II, chap. I.
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wliicli thus elapsed, tlie Constitution of tlio lca;^uo was rather military than political, — each city prosorviiii^ it:S own con- sul or })0(]esta, and secret or executive council. Tliouirh there was no permanent central authority, occasional congresses of the rulers of the sevm-al cities were IujM. Thus assemhlcd they were called liectorcii Soc'ietalia Lonihanlii' ; ))ut tlieir functions seem to have been simply consultative, without legislative or executive powers per se. Each consul or podosta reported to his council or city; and tlio whole of the citizens, in jjrimary assembly, had the final right to pronounce upon any fundamental change in tlie Constitution, and also, it a[)iicars, on all ({uestions of alliance, })cace, and war.
The main defects in the Lombard League, and that of the cities of Tuscany, formed after that model, were : 1. The temporary and precarious conditions of the LTnion ; 2. Per- mitting each member of it to treat separately with foreign powers ; 3. The jealousy of those in power, begetting, on their part, the necessity of placing themselves above the reach of their electors. In Florence, by one ordinance, thirty-seven noble families Avere declared forever incapable of holding office. In Milan and other cities the podesta Avas always a native of another state ; he could not marry within the limits of his government, nor could any of his relatives reside near him ; nor could he eat or drink in the house of any citizen. Sometimes this officer, who had a fixed annual salary, united the highest military and judicial authority, but more com- monly his office was simply judicial. The law, of course, was the Roman law, of which, as well as of classical learning. Federal Italy was the great restorer.
The league of Tuscany was founded in imitation of that of Lombardy, with the addition of a strong ecclesiastical ele- ment, infused into it by its greatest promoter, Pope Inno- cent III. The chief civil authority was vested in three Priors, of whom the poet Danto, in the year 1300, was one. There was also a military chief, — the Gonfalionere, — who led
19
the urban and rural militia in war.* In tlio year 1421, this office was filled by Giovanni de Medici, a merchant and politician, who may ho considered the founder of that cele hrated family wiiich was destined to ^^ive Dukes to Tuscany, Queens to France, and Pontifts to ll(ime.
The jealousy hetweon the plebeian and patrician orders in the state, manifested itself by many other signs besides the personal restrictions imposed on the podestas of Lombardy. The Florentine Priors were elected only for a term of two months, during which time they were obliged to lodge and cat together, and not to absent themselves fnnn the palace. The Tuscan trades were organized into guilds and close cor- porations, each with its own officers, arms, and stamlard. In the Lombard caj)ital, the first political democratic clubs, la Motta, and la Credenza, exercised a powerful iuHuence. But the [)atricians, in every instance, triumphed in the end. Nor was this revolution effected in all cases \vitho\it tiie con- sent of the people. Weary of the feuds, the j)roscripti ons, and the instability of their defective and precarious leagues, they sanctioned the usur[)ation3 of able and energetic men, like the Visconti and the Meilici, as an escape from anarcliy.
Yet notwithstanding the very imperfect form of Federation by which the Tuscan and Lombard cities were governed during the whole of the thirteenth century, they prospered and were greatly distinguished under that re(ji>iie. A cotemporary writer reckons the population of Milan in 1288 at 200,000, while the province could bring into the field 8,000 cava- liers (^miUtes), and 2-10,000 men cajtable of bearing arms. Among other elements of the city population, there are enu- merated 600 notaries, 200 physicians, eiglity schoolmasters, and fifty transcribers of manuscripts. On the discovery of
•In 1337, Florence (7!/.,tIie Tuscan League?) could bring 80,000 men into the field ; and tlie annual revenue was estimalcd at :500,000 florins. (Slsmondi passim.) In 1405, Florence acquired Pisa by purchase ; and in 1420, purchased the port we call Leghorn.
20
printing J)otli Milan find Florence Ttecame leading; seats of tlie new art; but Venice, in licr j)eaceful and prosperous isolation, soon siu'passcd, in the number and excellence ot'ber ])rinters, the distracted and degenerate relics of both Confederacies.
To Italy, in these a.ges, we owe the re<^ular estal)lishnicnt of consuls and ambassadors ; the first attempts at a balance of power ; the revival of Roman law and classical studies ; the great Italian schools of art ; the inventions of book-keep- ing and blinking ; and the discovery of America. It was the age also of the great masters of the Italian language, in prose and verse, from Dante to MachiavcUi and Ariosto.
An attempt to establish a Federal government for all Italy, was made by the Roman tribune, l^ienzi, durhig his first administration — A.I). 184:7. " Could passion," says Gibbon, in describing this attem})t, *■' have listened to reason ; could private interest have yielded to the public welfare, the su- preme tribunal and Confederate union of the Italian re[)ublic might have healed their intestine discord, and closed the Alps against the Barbarians of the North. Rut the ])ropitious season had elapsed; and if Venice, Florence, Sienna, Perugia, and many inferior cities offered their lives and fortunes to the good estate^ the tyrants of Lombardy and Tuscany must de- spise or hate the plebeian author of a free Constitution."*
We have seen, in our own days, a project of Italian Con- federation emanating from an immeasurably more influential author than Rienzi, and meeting with no better success.
* Decline and Fall, chap. LXX.
21
in. — The Swiss Confedkuation.
Ax old German rhyme says:
" When the lowly wopt, iiiul tyrants stormed, The Swiss Confederacy was formed."
The horoic story of William Toll — told as it is in such a scene — has been, no douht, overlaid with fictitious details ; but the Contbdcratiou of thirty-one Swis.s and Swabian cities in the year lo<S5, with the defeat and death of the Em[)eror Leopold, at Scmpach, in the next year, are well established historical incidents. The independence thus asserted ])y the Swiss was jealously maintained, Avith or without the S\val)ian alliance, during a century of intermittent war. In the year 1474, Louis XI, of France, invaded the Confederacy unsuc- cessfully ; and in 1477, after the three great defeats of Granson, Morat, and Nancy, Charles the Jiold of Burgundy, forfeited his life and possessions in a mad attem|)t to subjugate the same people. In 1498, the Emperor Maximilian made a last effort to bring Switzerland back to its old allegiance ; but after two campaigns, conducted by the mountaineers with. their proverbial heroism, he was compelled to declare thirteen cantons free from the jurisdiction of the imperial chamber, and from all imperial contributions (A.D. 141)0). The annals of Switzerlnnd, subserpient to its struggles against Austria., France, and Burgundy, are chiefly interesting, as they illustrate the theory of the balance of power, and the workings of international law. In the treaty of Westphalia (A.D. 1G4(S), the cantons Avere first formally recognized by the rest of Europe as a sovereign power. Theological disputes occupied the greater part of the seventeenth and eighteenth
O.)
centuries, as was natural in tlie land of /iiinijiiii^^, Calvin, and Saint FranciH de Sales — aland of earnest t'ailh and stern sineerity. Three times the test of pun? doetrine was sub- mitted to the issue of arms, to the innninent danger of the liberties of both belligerents. At len.ii;th an open sej.aratiou took place: two diets were created; the Catholic cantons met at Lucerne, and the Protestant at iJerne, — the former rejoicin;:; in an alliance with France, and the latter with Jlolland. From thirteen, the number gradually increased to nineteen, by subdivision of old or acfpiisiticju of new dis- tricts,— when the perturbations of the French revohition shook them to the foundations. In IIW they were metaniorjihosed into the Helvetic Republic ; in 1803 they fell under the jtro- tcctorate of Naj)oleon I ; and in 181-} were consccpiently invaded l)y the Allies. ]>y the Federal Act — signed at Zurich in August, 1815 — an amended Constitution was es- tablished ; and three months lat(n* the neutrality of Switzer- land was recognized by the Allies, at Paris.
In I8i)0, and again in 1848, the cantons experienced the prevailing revolutionary paroxysm ; but the democratic changes introduced, have been confined to the local Consti- tutions, Neufchatel has returned to its ancient relations to Prussia ; and Berne has become the fixed Federal capital, instead of the former rotatory system, l)y which the Diet assembled in turn at Berne, Zurich, and Lucerne. The Federal Act of 1815 still remains in its integrity, the Con- stitution of all the united cantons.
This Constitution has evidently been borrowed in good part, from that of the United States of America, while re- taining something of French revolutionary principles. The objects of the Union are declared to be the protection of the country against the foreigner ; to secure tranquillity ; protect the liberties of the Confederacy ; and increase the general prosjierity.
Art. 8 declares the cantons sovereign, except in such matters as arc dele;i;ated to the Federal iiovernment ;
23
Wliicli, })y Art. 8, is nntli<»ri/,c(l to dccljiro war, conclude peace, and cntci" into treaties of customs and comnierco.
Art. 0 reserves to the cantons the ri;:ht of niakin;; eoinnier- cinl treaties for themselves — jtrovided they do not conflict with cxistni^ F<Mleral treaties, or the ri^lits of other cantons.
Art. 10 further exfilaiiis this apjiureiitly inconsistent reten- tion and dele;j;alion of powers.
Art. IS declares all f^\vi'*s subject to miliuiry duty.
Art. \\K The contin;^ent of each canton t'> the ^llf'' of the Confederation, is tJirre irien out oi' *'\vvv hnn<Jt'ed inhahitants. Sul)se(iuent articles contain the army regulations.
Art. -5 j)rescrihes the extent to whicli Kcdei'iil 1e;^Mslation may extend on customs. Imiiorts in ;^eneral may he taxed ; raw material at the lowest, and luxuries at the highest, rate. A general power of taking excei)tioual measures in casos of emergency is granted.
Art. 2G. Each canton shall receive of the product of the customs, at the rate of foiu* Ixtt.!: j)er head for each inhabitant. Those cantons which have yielded their separate revenues, shall receive a further subsidy (if the above be insufficient), according to the [)roduct of certain specified years. The surplus over all, goes into the Federal treasury.
Art. 38 reserves the manufacture and sale of gunpowder exclusively to the Confederation.
Art. J)9 defines the Federal revenues to be : 1, the interest of the war fund ; 2, frontier customs ; 3, postal revenue ; 4, product of powder sales ; o, contributions from the can- tons, specially levied.
Art. 42. The citizen of each canton is a citizen of all under the same conditions as native citizens.
Art. 08. The members of the Federal Council arc paid from the Federal Exchequer.
By Art. 72, members of the National Council are paid by the cantons they represent.
These two Councils embody the whole legislative power.
24
The National Council — the popular body — is composed of one member for each 20,000 souls; meets aiuiually ; may be called specially by the Federal Council, (composed of one mem- ber from each canton), or on the reipiisition of five cantons, A majority of each Council must constitute a (piorum : the Federal councillors are elected every third year ; the Na- tional, every year.
The president and vice-president of the Confederation, (the latter of Avhom is, Ipso-facto^ president of the Federal Council), and the chancery, or secretariate, is filled by the election of the legislature. There is also a Federal tribunal (Arts. 100-101), to take cognizance of civil justice, saving special cantonal rights ; of dis]iutes arising between cantons ; cases between any canton and the Confederation ; and cases of the unnaturalized (^IlcunatJihsc') .
Arts. 11-) and 114 provide for amendments to the Consti- tution, which may originate with the Federal Council, or by 50,000 electors demanding the consideration of certain amendments. In all cases the ameu'iments must be sul)mit- tcd to the t/ea or 7irn/ of the Avhole body of electors. For their adoption there must be not (mly a majority of electors, but a majority of cantons.*
The Diet directs the operations of the Federal army, appoints the commanding officers, sends and receives ambas- sadors.
This Constitution, which has withstood two European revo- lutions, besides its own internal trials, has lasted now, with some slight amendments, for fifty years. Of course, much must be allowed for the peculiar position and circumstances of Switzerland. But it ought not to be forgotten that the most various population in the world is embraced under this svs- tern. Of the whole two millions and a half, a million and
• Kncycloiu'dic Th(jologiq:io.— Diet, des Sciences, Pol. et Socioles, Vol. Ill, Art. Switzerland. Paris, 1855.
25
two-thirds speak German ; half a mllhou French ; and the remainder Italian, and other tongues. Tlie Ali»ine i)()pula- tion is ehietly (Jatliolie ; the eity cantons cliieHy Protes- tant. Differences of interest and loealitv : differcnices of race and creed ; differences of speech and manners, — all are tbmid in vSwitzerland, — yet all are free, and when una^^-gres- sive, each on the other, all are secure, respected, and ju'os- porous, in their freedom.
26
IV. — The United Provinces of the Netherlands.
The " Seven United Provinces," or the "United States of the Netherlands/' as they Avere irrespectively called, exhibit a very peculiar and instructive form of Confederation. In a territory of about 220 miles long by 140 wide, — a great j)ortion of Avhich had been reclaimed from the sea. — there flourished under the Emperor Charles A^., seventeen populous communities, known to the rest of the -world as duchies, counties and lordships, each -with its OAvn lord, its own assem- bly, its courts, militia, and taxation. At a general assembly of these comnmnities convened at Brussels, in the year 1555, Charles V. solemnly resigned all his crowns and cares, and introduced to his subjects his son and successor, Phillip II.
Tlie insurrection of the Netherlands against Philli}) 11. is one of the best known episodes in modern history. In the eleventh year of that Prince (A.D. 15G6) tlie })atriot i)arty formed at a dinner talde, in Brussels, the brotherhood of the GueiLi\ out of which sprung tlic insurrection. But the move- ment proceeded with true IJutch deliberation. It Avas not till 1580, that the States-general formally declared their inde- pendence of S}iain, under a French protectorate ; nor till the treaty of Munster (A.D. 1()48), that Si)ain formally renounced her ancient pretensions, and acknowledged the sovereignty of the Dutch lle[)ublic. By the general Treaty of Westphalia, the United Provinces entered formally, the same year, into the family of European nations.
The new Dutch Constitution was curiously complicated. Each Province retained its local control, not only over its own trade and taxation, but its sovereign right to treat with foreign States, at least, as to matters of commercial interest.
27
Wltliin cacli Province were a number of co-ccjual sclf-govcrncd cities, as jealous of tlieir municipal independence as if thej had been Greeks or Italians. From these Provinces and cities, deputies to the number of about fifty were sent to form the States-general at Amsterdam, — some elected for one year, some for three, some for six, some during \Aci\r sure, and some for life. The States-general were presided over by the Stadtholder, an office Avhieh became heredi- tary, but not without a long and bloody struggle, in the illustrious family of the Princes of Orange (A.D. 1G20). The stadtholder not only was the president, so to speak, of the whole Union, but also of each Province, when he chose to discharge that function ; he was also ca])tain-general and admiral-general ; sent and received aml)assadors ; exer- cised the prerogative of mercy; and enjoyed, before the French revolution, besides his vast patrimonial estates, a public provision of 800,000 florins per annum.
It Avas not Avithout resistance that the oligarchies of the several Provinces, saw these monarchical prerogatives accu- mulate upon the House of Orange. The first resistance to such encroachments had been made by Barneveldt, Grotius, and the DcWitts ; but Grotius died in exile, and tlie others were put to death. The name of DcWitt recalls the recol- lection of that anomalous official position — the Grand Pen- sionatc of Holland.
The Province of Holland, from its greater maritime wealth and population, always exercised a disproportionate influence m the Con.". k>racy. Its contribution to the Federal treasury was set down, by Sir William Temple, at fifty-eight per cent, of the whole. (Indeed, the jijn> rata contri])utions of the Pro- vinces Averc little more than a constitutional fiction, and some of tliem have, in extreme cases, been collected only at the point of " the bavonot.") The cliief civil officer in Holland was the Grand Pensionary. He was elected for a term of five years, and was paid a very moderate annual salary for his services.
28
lie was enjoined to use all las cflurt,^ in preserving the iihorties of Holland, yet to be strictly neutral in its internal dispates ; to Avatcli over and report upon the finances of the Province, without the power to direct or diminish expenditure ; to hold corros[)ondence with the ambassadors and allies of the I'ro- vhiccs abroad, — but he was to communicate no seci'ct of state, except under authority of a resolution of the States-general ! He was, in short, a very much hampered sort of secretary of state and the treasury, independent of the stadtholder, but absolutely at the mercy of the legislature. No wonder that even the genius and energy of a DeWitt should give way, under so responsible and so invidious an office !
The writei-s of the Federalist pointed the moral of this creation of inconsistent powers, eighty years ago, when they said, " a weak Constitution must necessarily terminate in dis- solution, for want of proper powers, or irom the usurpation of powers rcipiisite for the public safety."*" Some of these writers lived to see the anarchical system they so keenly dis- sected, overthrown by Bonajiarte, and a kingdom of Holland established by the decree of Europe, in the Treaty of Vienna (A.D. 1815). Yet, with all its faults, it must be said the freedom of the United Provinces was alike favorable to their pros})erity and celebrity. In the first century of their inde- pendence, the Dutch established themselves in the East Indies and America; they perfected the system of connnercial exchanges, loans and annuities, which has ever shice charac- terized P]uropean transactions ; they created a new school of art, to which we owe llubens, Vandyke, and Teniers ; their
* "Tlic true patriots" [of the Nethedands] have long bewailed tlic fatal operation of tliese vices [of tlieir Constitution], and liave ninde no less tlian four regular experiments hy cxtraonUnanj aiiscmblifi.<<, convened for the special purpose to apply a remedy. As many times has tlieir laudable zeal found it impossible to unite the puldic Councils in nf,,ini- ing tlie known, the acknowledged, the fatal evils of the existing Consti- tution."— Federulixt, No. XX.
scl nal the tht lov Uu coi
COI
29
scholarship was illustrated by Strada and Grotins : inter- ii[itioual law may be said to have risen full-armed from among them. Could they have iinitod reverence for authority with the passion for freedom ; could they have carried their intense love of order in private life, into their public business, the United Provinces, in all human probability, might still be counted among the foremost governments of the European continent.
80
v. — The German Confedehation.
l]i:i'()iin passing from Eui'0])e to tlic Now "World, the German Oonfedoration remains to be mentioned.
I'he ancient empire, known to history for a tlionsand years as tlie Holy lloman-Germanic Empire, ceased to exist in 1800. On the 1st of August, Napoleon declared that he no longer recognized a German Emi)ire ; on the 0th of the same month, Francis II. abdicated the Imperial Crown, and absolved his electors from their allegiance. Francis assumed tlie title of Emperor of Austria ; Bavaria, 'Wurtemljerg and Holland Averc erected into kingdoms; seventeen* Princes of Western Germany formed themselves by Napoleon's direc- tion into the Confederation of the lihine, while Prussia was invited to place herself at the head of a similar Confederation of Northern Germany. The successor of the groat 1^'reder- ick, who chose rather to try conclusions on the field of l)attle, was beaten to the earth, in a single campaign.
The Confederation of the Rhine was one of those govern- ments which, according to the present Em])eror of the French, his uncle determined to cstaldish ad interim^ while Europe was being prepared for his permanent system. f Foreign in its origin uiid its dependence; living as it were by the breath of the compieror who had humbled Austria and Prussia, and
• The Kings of Bavaria and Wurtemburg, tlio Grand Dukes of Franli- fort, Wnrzburg, Cadcn, Darmstadt, and i>erg ; and the Princes of Nassau (two), Ilolicnzollcrn (two), Salm (two), and llioso of Arembcrg Isenberg, lilidistenstein, and Leydcn.
t Considerations sur la Suisse ; an early pamphlet of Napoleon III.
31
abolished tlic ancient cm})irc, it conld liai'dly expect to become an o1)ject of respect to the Gerniun people. The Constitution was copied IVoni the Helvetic model ; tlie FiMb^val Diet ■was to sit at Frankfort, under a Prince-Primate, nomi- nated by Napoleon ; while iM-ance was to retain control in all forei^i^u aft'airs. Founded in an unpatriotic and un-(ierman spirit, it fell without regret, after an inglorious seven years existence.
The idea of Confederation had, however, recommended itself to Germany, and found favor with the Allies congre- gated at Paris. Instead of attempting to restore the empire, a new species of union was devised and jinxdaimed. on the 8th June, 1815, — ten days before the final overthrow of Napoleon at Waterloo. This Constitution also owed its origin to foreign influence ; contained in itself many fatal defects ; and has been a fruitful source of agitation, ever since its adoption. In 1820, by the Acte Finale adopted at Vienna, i>'everal amendments were inti'oduccd ; in 18^2, the military (»rganization of the Confederation was fixed by an organic law: but while the Diet has its own ways and means, the well known Zollverein, or Customs union, has never been adopted into the Federal system, and exists only by special (•ompact, among individual States. Commercial intei'course, tlior.'foro, is not among the subjects with which the Diet has has to deal.
The frco city of Frank f)rt-on-thc-Mainc is the seat of the Federal authority. The Diet sits in a two-fold capacity. In its first, or strictly federative capacity, no State casts more than one vote, while several small States unitedly cast one : tluis from Austria to Saxony downward each has a single vote, while seven small duchies, and the four remaining '' free cities," jointly, cast one. Austria presides over the Diet, l\y the 124th article of the Constitution as settled at Vienna, in 1815.
Whenever fundamental laws, or organic arrangements are to
be altered, or Jiniciided, the States of tlio first class cast four votes each ; of the second, three ; of tlie tlnrd, two ; and the fourth, one. Tims, m its federative caiiacity the Avholc vute of the Diet is seventeen; while in its po[)ular cajiacity, it is
seventy.
The attein[it made in 1848, to revolutionize .the League, and suhstitute in its stead a government i)ro})er, or more per- fect Federation, having f\iiled, the Constitution of 1815, with its amendnuMits, still remains in force.
By Art. 11 the Confcdei'ation hinds itself to defend the whole of Germany ; when it declares war, no State can enter hito separate engagements with the enemy ; no State can enter into any alliance directed against the security of the Confederacv ; each State in its controversies Avith another binds itself to submit the same to a commission of the Diet in the first instance, and in the last to a Federal Tribunal, con- stituted for this purpose, from which there is no a])peal.
By Art. o") it is declared that the Confederation has the right to make war, conclude peace, and contract alliances, under the Federal xict.
By Art. I'll the right to send and receive ambassadors* is also asserted.
Arts. 30 to 49 detail the functions of the Diet, under the general provisions of Art. oo.
From a careful analysis of the Constitution, Dr. riiillimorc educes the four following propositions :
First. That the Germanic Confcdcr;ition maintains with tliose who are members of that league relations of a special international character resting entirely npon the Federal Act of 1815, and further explained by that of 1820, as their sole foundation : but tliat all the members of this league are governed in their relations with other Independent States by the general international law.
Secondly. That the mutual rights and duties of the members of this Confederation are wholly distinct from those which exist between them and other States, not members of the Confederation.
Thirdly. That the ojieration of the duties and rights growing out of
• Phillimore's International Law, Vol. I, page 129.
88
the Constitution of the Confederation, is not only exclusively confined to the independent sovereigns who are members of it, but also to the ter- ritories which belong to them, by virtue of which they were originally incorporated into the Germanic Empire.
Fourthly. That the admission of new States, not hein^ German^ into the Confederation, or the admission of States not sovereignties, would conflict with the principle and the objects of the Confederation.
Notwithstanding the inherent weakness of the Federal League in Germany, it has certainly preserved the internal peace of the States that arc parties to it, for half a century. It is to be hoped, that we shall never again sec one German power straining every nerve, as in the Seven Years' War, in an unnatural attempt to dismember and destroy another.
34
VI. — The Unitkd Statks.
TiiK Constitution of tlic Tnitcd .^tatos ^vas a compromise between state jealousy anil the stron;.^' sentiment of .-{.'H- preservation ; lietween the science and scliohirship oi' such men as the authors of tlie Fi-ilcralist, ami the wild theories of the demagogues of the day. It hetrays, therefore, veiy natui'ally, hoth in its sti'ength and its weakness, in its pro- visions and omissions, the unmistakeable marks of this twofold parentage.
The revolutionary war liad closed successfully for the ori^rinal thirteen L'nited States, Avitli the camiiaii^n of 1T<^0. An armistice shoi-tly followed; and a definite treaty of peace, between Great ]>ritainand the United States, acknoAvledging the inde}iendence of the United States, was signed at ]?aris on tlie -U'd of Sejitemher, 17S8. AVhile these negotiations were still ]iending, General AVashington had addressed a cir- cular letter to the governors of eacli of the States in lavor of a more perfect union, and Alexander Hamilton, ii.> liis series of pa}iers called The Contuientalht., pul)lished iit Kow York, and other writers, i>ro and eon, opened up the wliole subject of the relative powers of the state and general governments.
From the Declaration of Independence (1770) to the adoption of the Constitution (1789), the thirteen colonies existed under " Articles of Confederation," which articles, as compared with the more definite and authoritative system that followed, might be fairly taken to illustrate the Feder- alists' <l\si'n\ciu:i\ between a "perfect" and "imperfect" Federation. Under the articles. Congress consisted of a single chamber, ni.,.de up of delegates, annually appointed by the State legislatures, none of whom could, however, sit
:
35
>
:
more tliim tlii'ce yoai-H out of six. Kacli State i.Kiijitn' .cd iN own (Iclc^atiou, and each had one vole in Con-res^. 'I'*^^ right was reserved to the States, with tlie ('oiinurrene<' i(* Con,ij;ress, of ralsin,i^ troops, e^inlpjiin^Lr armed vessel-, iniposit. ■• customs (hities, making Indian wai's. and entering into cer- tain alHanees. All warlike expenditure was to he repaid to each State in propdrtion to the valuation of its real jn-operty ; but tlie collection of taxes to meet these paynuuits was sub- ject to tlie authority and direction (»f the local legislatures. Congress reserv(Ml to itself a general treaty-making i)(»wer ; the right of arliitrating between the States by (^'ongressional conunissioners ; to coin money; to make loans on the general credit; to raise forces by land and sea; and to apj.oint a conunander-in-chief, j>;-oi'/(A't/, in the two last cases, that nine out of the tliirti'cn States concurred.
As to the executive };0Aver. it was exercised — so far as it existed at all — by a president of Congivss, vvlio could ■^crve only one year hi three; and by a '* (jonnnittee of Stales," comjiosed of one delegate from each State, whose I'unctions were in some sort senatorial, oxcej^t thai they continued in existence (hiring the recesses of Congress. The general body might be convoked anyAvhere witliin the Union, and no adjournment could be for a longer period than six months.*
After several years' trial of this sort of '• league," (as it was correctly called in the Articles themselves,) the leading and best minds among the Americans became convinced that the then Constitution was wholly inadctpiatc to the ends of government. Among those who were most instnmiental in converting the Confederacy into a National Government, were, Washington, Hamilton, Madison, Jay, Adams, Wilson, King, Franklin, the Morrisses, Phickneys, Carrolls, lloger
* By Art. XI. jirovision was maile for tlie admission of Canada into the Union, on "joining in the mcasnres of the United States,'' but no other colony could he admitted unless by the vote of nine States,
86
Shci'tiKiii (if (^)lmocticut, and John Untl(.'(l;!;e of South 0;iro- liii;i. Most of these eminent men were memhers of tlie last cunvoition hv which the Constitution was aihiptetj. l?ut tlieir services were not eonfinetl to tlie convention chamher. ]\y private corresj)on(lence, hy jiuhlished essays, hy h'arned spci'ches. hy (U'U'<i;ations to and fro, tliey succee(h'(l. after nearly ten years' advocacy, in securin;^ for tlieir new M)ii/na Clniriii the approval of chvcn out of the thirteen States — some of them, it must be added, hy very hare majorities.
'J he Constitution of tlie United States is an instrument so easily accessible to Canadians, as to render any analysis of its provisions unnecessary. It may, however, be jn'opcr to point out hrii'lly Avhereni it differed from the former articles of Confederation. The new histrument divided the legislature into two chambers ; the ])opu]ar cliaml)er rejiresentin;:; num- bers, the senate representing^; co-e(iual States : money liills to originate oidy in the former ; imjieachments to ori;:inatc in the House of Representatives, anil bo tried by the senate. The vicc-})resident of the United States to possess the same qualification for election as the president ; to preside over the senate ; with ri^lit of succession to the presidency. The president to be conunander-in-chief, with the power of a veto over all congressional legislation, unless re-enacted by a two- thirds vote of both houses. The sul)jects of congressional legislation arc enumerated as follows, in Art. 1 ;
Sec. \'III. — Tlic Congress shall have power —
1. To hiy ;uul collect taxes, duties, imposts, and excises ; to pay the debts and provide for tlie common defence and general welfare of the Unit(>d States ; lint all duties, imposts, and excises shall be uniform throiigliuut the United States :
2. To borrow money on tlie credit of the United States :
3. To rcgubite coniincrcc with foreign nations, and among the several States, and with the Indian tribes;
4. To establish a unifnrm rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United Stales:
5. To coin money. ri'Ljulate tlie value thereof, and of foreign coin, and fix the standard of weijiChts and measures :
• *■
i
I-
•1'
07
C. To ]ir''vi(l(' for \\w imiii-tlmii'iil of coiiiit'i'lVitiii}? tlio scriirit'n'-i and curi'Piit '■" I of till' riiili'il Stiilc.s :
7. To ' alilisli j)()Jil-oHk'fs iitnl ]iost-roiiils ;
8. To ]iioriioli' till' iproj^i'i'-i.s of scitMiei' aii>l u-rfil urn, by si'('uiinf(, for litniii'il tilIll'^, to uiiiliors iiiiil iiivuiitoiv-i, ilu' fXcliLsivt' ri>;lit to lliuir rejijicftiv writings ami (H.-tcovcric^ :
P. To consliluto triliiiimld iiifi'rior to tlic supremo court :
10. Po ilolirie iititl puiii.sli pinicitM iiml tcloiiifs cominiltoil on iln^ I'igh seas, ami oflbnces iiKiiiiisl ilic law of nations :
11. 'i . tU'cIaro war, grant It'tlcr.s of nun 11110 ami rcpri-sal, and make rules onccrning captiiri's on land ami water:
12. To rai.so and support arinii's ; l)iil no api)ropriatioii of inoiu'y to that 1130 shall V)e for a longer term than two years :
13. To provide and niainlalii a navy :
14. To make rule-; for the goverumi^ and regulation of the land and naval forces.
U'. To provide for calling forth the militia to execute the laws of the Union, supi»res3 insurrections, and repel invasions ;
10. To provide for organizing, arming and diseipliiiing the militia, and for governing i?iich parts of them as may be employed in the .-;ervico of the United States, reserving to the states respectively the appoint- ment of the ofticers, and the authority of training the militia, aeeoiding to the discipline prescribed by Congress :
17. To exercise exclusive legislation, in all cases whatsoever, over 8uch district (not exceeding ten miles scpiare) as may, by cession of particular states, and the accei)tance of Ciingress, become th" .<i'ut o-f government of the United States, and to exercise like authoiiiy overall places purchased by the consent of the legislature of the state in wliich the same shall be, for the erection of forts, magazines, arsenals, dock- yards, and other needful building : and,
18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any de- partment or officer thereof.
While tlie limits of the State governments arc thus nega- tively defined :
Sec. IX. — 1. The migration or importation of such persons as any of the states, now existing, shall think proper to admit, shall not be prohi- bited by the Congress prior to the year one thousand eight hiimlrfd and eight : but a tax or duty may be imposed on such importation, not cxeecd- tng ten dollars for each person.
2. The privilege of the writ of habeas corpus shall not be suspended
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unless wlien, in cases of rebellion or invasion, the public safety may require it.
3. No bill of attainder, or ex post facto law, shall be passed.
4. No capitation or other direct tax shall be laid, unless in proportion to tlic census or enumeration herein before directed to be taken.
5. No tax or duty shall be laid on articles exported from any state. No preference sliall be given, by any regulation of commerce or revenue) to the piirtfi of one state over tliose of anotlier; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another.
G. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
7. No title of nobility shall be granted by the United States ; and no person holding any office of f»cofit or trust under them, sliall, without the consent of the Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince or foreign state.
Skc. X. — 1. No state shall enter into any treaty, alliance, or confe- deration ; grant letters of marque and reprisal; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in jiaymeat of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobility.
2. No state shall, without the consent of Congress, lay any imjjosts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the net produce of all dulios and imposts laid by any state on imports or exports, shall be for the use of the treasury of the United States ; and all such laws sliall be subject to the revision and control of tiie Congress. No slate shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of [leace, enter into any agreement or compact with another state or with a foreign jiower, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
Art. 2 (Icfincs the nature, tenure, and rcsponsil)ilities of the |»resi(lential office ; Art. 8, of the Federal judiciary ; Art. 4 treats of inter-state relations ; Art. 5, of tlie power and mode of amending the Constitution ; Art. G, of the public debt, ]mhlic obligations of each State, and (pialifications for office ; Art. 7, of the ratification and establishment of this Constitution. Ten amendments, in the nature of a " liill of Rights," were proposed during the first session of the first Congress held under President AVashington, and ratified in
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Doccml)cr, 1701 ; one other amciulmcnt was proposed and adopted in 1798 ; and yet another in 1804. These twelve amen(hnents, with the original articles, seven in nuraher, form the fundamental law of the United States.
Before, during, after, and ever since the adoption of this Constitution of 1789, the great American controversy has been ])etween State riglits and Federal i-ights. The best minds of the first and second generations of that peo})le have fully del)ated it ; and the third generation have now S(Uight to solve it by the arbitrament of the sword. Mr. Hamilton declares, in the last number of the Federalist, as of his own knowledge, that " powerful individuals," in New York and other States, were " enemies to a general national govern- ment, in every possible shape." Of this number, in Hamilton's sense, Jefferson might perhaps be counted ;* Patrick Henry, certainly ; and there were others of hardly less mark. In the succeeding age, Mr. Calhoun and his school maintained the doctrine of " state rights," or rather state sovereignty, a-^ainst JSIr. "Webster and his followers. On both sides the argument was marked by extraordinary ability. The true doctrine is not, unfortunately, on the fiice of the Consti- tution itself, by any means so clear, as to allow but one line of interpretation. Indeed, even Mr. i\Iadison, who has been rather unmeasuredly called " the Father of the Constitution," is far from consistent Avith him- self, in the various glosses he has given on this vital point of his own workmanship. We say, the true doctrine as to where the sovereignty resides in the American system is unfortunately by no means clear on the face of the Federal j^ct ; — for Avbat can be more unfortunate for a free people, than to be destitute of the essentials of stability and order in their government V What can be more fatal to the exist- ence of a just and strong State, than an unsettled radical
• Federalist, No. 49.
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question of right or wrong, as to which is the depository of sovereign power — the States or the Union ? Wiiat verdict could be more crushing to any Constitution, than that half a century after its estahhshmcnt, the foremost men, born and bred under its provisions, should be unable to agree as to whether it was the mere agent of the several States, or " a government proper?"
Still it would be most unfair to overlook the wonderful progress made by all the States, under this Union. The vast natural resources of the whole country had been explored and developed ; the complete freedom of inter-State trade had diffused wealth and activity to the ftxrthest frontiers ; plenty and enjoyment had, for nearly a century, been the common inheritance of the whole people. Not much as yet had been done for the Fine Arts, but nowhere in the world, had the useful and practical been more successfully studied and improved. A new literature, too, had begun to manifest itself, — enriching and honoring the English language. In the midst of all these fruits and blossoms of peaceful progress, the original cause of controversy implanted in the Constitution, suddenly burst forin in an armed struggle between a portion of the States and the Federal power, the results of which are as yet hidden from our vision. One lesson, however, has been already taught to every just-minded observer of the still waging war, namely, that those who formerly held the Con- stitution of 1789 to be perfect, were not farther from the truth, than those who have since spoken of it as a complete failure.
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VII. — The Confederate States.
The great State-rights controversy, wliicli had been waged 80 fiercely over the very cradle of the United States Consti- tution— which had broken out so bitterly at every subsequent provocation— in 1812, 1817, 1821, 1833, 1850, and 185(3,* — grew at length, in 18G0, so incurably aggravated, that no further compromise coidd possibly be accepted. The election of Mr. Lincoln, on the basis of the Chicago Convention, led to an event which had been often foreseen and foretold — the forcible secession of the slaveholding States from the Union. The election was held in November; and on the 20th of December, 1860, South Carolina promulgated her ordinance of secession ; in January, Mississippi, Florida, Alabama and Georgia followed ; Texas joined the seceders in February, Virginia in April, Arkansas and North Carolina in May, and Tennessee in June. Delegates from all these States, with the addition of Kentucky, attended at the first regular Con- gress of the Confederate States, at Richmond, on the 12th of January, 18fi3. The total population thus represented, was within a fraction of eleven millions and a half; of which about 3,()50,000 were slaves, and 150,000 free negroes.
The Constitution of the Confederacy, adopted at Mont- gomery, Alabama, on the 4th of February, 1801, one month previous to the inauguration of President Lincoln, was, in
• The first date represents the assertion of the principle by the New England States, against President Madison ; the two following, what may be called the first and second Missouri Controversies ; the others successively, the South Carolina "nullification" movement, the Texas annexation agitation, the Kansas-Xcbraska Controversy, and the first election of President Lincoln.
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many cssOiitial respects, a transcrijit of that of the United States. There were tlie same provisions as to the Constitu- tion of the two Houses of Con;^Tcss ; the (lualification of senators and re[)resentatives ; the ck^ction and powers of the president and vice-])resident ; the power of impeachment ; the Habeas Corpus ; religious hherty ; the origination of money hills ; and a Supreme Court. The principal departures from the oriLrinal of 178U, in the ncAV instrument were : 1. That the presidential term should continue for six instead of four years ; while a second election is prohibited. 2. That the chief officer of each executive dejtartment may have a seat on the floor of either House, "with right of speaking, but not of voting. 8. The " institution of negro slavery '' as it exists, is recognized, with the right of extension into any future territory colonized from the Confederate States.
In the first of these Constitutional details, we see an effort made l)y the Southern statesmen to remedy that Avhich from seventy years' experience, they believed to be a serious defect in tlie original they followed, the shortness of the pre- sidential term, and the tem})tation presented by the re-eligi- bilitv of the incumbent, to convert his first term into a means of securing a second. In this respect, the Southerners boldly overcame that jealousy of power, which might have been expected from Seceders, and which, it is not difficult to fore- see, must be the rock-ahead of their system. In the second provision, they advanced halfway towards the British doctrine of ministerial accountability to the legislature; but there they halted. To give their ministers a seat merely in Congress, without a vote, seems neither to attain the oliject of the United States system, of holding the president accountable, even to impeachment, for his Cabinet ; still less does it attain the object of the ]]ritish, which, by holding the head of the State inviolable, yet maintains that he shall act only on advice, and thus makes responsible the advisers. But bred and practised as the Southern leaders moscly were in " demo-
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era tic" tlicorios of government, they deserve credit rather f(,.r attempting so much in the direction of permanency, than for not attempting more.
The distinguisliing feature ahove all others of this Southern Constitution is, that it provides for a servile, or enslaved class, as a permanent l)asis of power. Saying nothing in this place of the morality or immorality of such a doctrine, it is to be rcmai-ked, that it is holdly, defiantly at Avar, with all the received opinions of Christendom. It is especially at war with the political dogmas Avhich have gradually extended themselves over these new conthients, North and South. ^ For a new State to spring into existence, as it were, in a single night, with such a challenge to the whole civilized world, to establish as right and laudable what all others believe to be absolutely wrong, or at most tolerable, if temporary, was to burthen the new State with a weight of controversy, sullicient, in time, to depress all its energies and balance all its achieve- ments. Apart altogether from the ethics of the cpiestion, I cannot but think it was a fatal error, politically, for the ]\Tontgomery Convention, (while rightly rejecting the pro- position to reopen the African slave trade), that it did not also leave the whole subject of domestic slavery, an '• open question."
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Note. — On the South American Confederacies.
The Argonline Confederacy, us lust remodelled in 1802, consists of fourlren Provinces, witli local administrations for local purposes, and a Federal government ruling from Buenos-Ayres, over all. The ])resident and vire-president are elected for six years ; but I have not lieen able to obtain definite information, as to tlie other provisions of the new Constitution.
Brazil may be called a Monarchical Confederation oi twenty Provinces. In 1815 Brazil was declared a kingdom, united with Portugal ; in 1821 it was proclaimed independent, and an empire ; in 1823 tlie present Federal Constitution was established. Both Houses of the general Congress arc elective, — but neither by a direct pojjular vote. For the Senate, the electoral districts nominate three candidates, of wliom the sovereign selects one ; for the House of Congres:^, each tv/o hundred electors choose a delegate, and the majority of delegates in a district, choose a deputy. The ministers of tlie sovereign are responsible, as in England, to the legislature and the country, for all ofiieial acts and advice given. The sovereign is inviolable. Titles of honor are con- ferred for life only; though they may be continued in the same family, for honorable cause, at the option of the cmiieror.
Brazil, it may be observed, is the only South American government which can boast half a century of immunity from anarchy and invasion. The other ephemeral Confederacies of that portion of the continent pre- sent few facts of sufiicicut interest to be repeated here.
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VIII. — TuE New Zealand Confederation.
The latest application of Federal principles to the govern- ment of a new commmiity (if we except tlio case of tlio Con- federate States), is that of New Zealand, whose constitutional charter dates only from the 30th June, 1852.*
The European settlements in Now Zealand are scattered in groups over two great and several small islands, hundreds of miles ai)art. Of these groups, nine Provinces liave been formed, witli a local elective superintendent and Council for each Province, and a general or Federal government over all ; with two chambers, a responsible Ministry, consisting of a colonial treasurer, colonial secretary, minister fjr native aifairs. attorney-general, and a governor-general. The whole population in 18G2, was estimated at 102,000 ; the revenue of the Tnion in 1800, at $2,320,(190.
The able men, u})on whose advice the New Zeahnid Con- stitution was mainly framed, were anxious above all things, to suit its provisions to the communities by whom they were to })c carried into effect. They, therefore, localized adminis- tration to sucli extent, as the distance, state of intercourse, and local necessities i-e(|uired ; but they retained for the General government very large powers. The Upper House, consisting of twenty-four life members, and the Lower of fifty- three elective members, are alone competent to legislate on the f )llowing subjects of the first importance.
1. The [miiosition or Regulation of Duties of Customs to be imposed on ilie Importaliou or Exportation of any Goods at any I'ort or Place in tlie Trovince :
• 15 and IG Vic, cap, 72. As the only Brilif^h precedent for a Federal Union, this Act is given in full, in au Appendix,
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2. Tlio Estahlisliraont or Abolition of any Court of Jndical'ire of Civil
or Criniiiiiil Jiiristlictlon, exc('|)t Courts for trying iuul pnni-^l.iu'j sucli (MlVnccs as l>y tlio Law of New Zcitliiiul. are or may b(; made liiniiriliablu in a summary Way, or altering tlio ('otistitution, Jurisiliction, or Practice of any sucii Court, except as aforesaid :
3. Regulating any of tlio current Coin, or the Issue of any IVills, Notes,
or other I'apcr Currency :
4. Regulating the Weights and Measures to be used in the I'rovince
or in any Part thereof;
5. Regulating the I'ost Uflices and the Carriage of Letters Avithiii the
Province ;
6. Establishing, altering, or repealing Laws relating to liaukriiptcy
or Insolvency :
7. The Erection and Maintenance of IJeacons and Lighthouses on the
Coast :
8. The Im[)03ition of any Dues or other Charges on Shipping at any
Port or Harbour in the Province :
9. Regulating Marriages .
10. AUbcting Lands of the Crown, or Lands to which the Title of the
aboriginal native Owners has never been extinguislK-d:
11. Inllictiiig any Disabilites or Restrictions on Persons of the Native
Race to which Persons of European Hirtii or Descent W(juld not also be subjected :
12. Altering in any way the Criminal Law of A'c'in Zcalmi'l, except so
far as relates to the Trial ami Punishnient of such Oirenecs as are now or may by the Criminal Law of New '/.eiland bo punishable in a summary Way as af-iresaid :
13. Regulating the Course of luheritauce of Real or Personal Proiierty,
or alfecting the Law relating to Wills.
Though the Local Councils were not forl)id(len from legis- lating on subjects not specified above, the governuf-in- council, retanied power to annul the election of the local superintendent, to instruct him in his office, and finally within a limited time.to '^disallow" his and the local Council's acts.
Grave doubts were expressed at the time of the passage of the Constitutional Act, as to the wisdom shown by Parlia- ment in adjusting the division of powers between the local and general governments, — a subject of great interest to us, in Canada. The late Mr. John Robert Godley, the founder of one of the Provinces, (^Canterbury), in a lecture delivered
47
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at Lyttleton, in th;it Province, on tlu; arrival of tlic new charter from Enf^laud, thus exjiressed the views of himself aiul others, on this head :
I Iiavc Hnid tlmt the relation of Hritisli colonies to Piirliiimeiil brings tlicni into tlic first category ofwliul I liavc called aggregate systenn of government. The second category conijiriscs tluNC systems of guvrrn- ment \ iiich arc formed oi\ the principle of rederation. In these it is not a supreme Central government that delegates certain limited functions to Local governments, but a number of independent and sovereign States agree for their mutual benefit to combine, and to delegate a certain por- tion of l/ivir sovereignty to a Central government. Ofcour.-'t! it l^.llow.s from this process that instead of, as in the former case, the ('entral governnn'nt remaining supreme and jiermanent in all tilings over tho Lt)cal goveinments, the latter retain in full integrity all tlie powers ■vvhicii they have not expressly delegated, and in respect of these powers are as completely sovereign and independent as they were before the union. Such were the principles on which in ancient times tlic Amphic- tyoni'.. and Achean, and in modern times tlie (ierman and Dutch Confe- deracies, were founded. Sucii, too, is the ridation whieli sul)sists between the separate Slates of tlie American Cnion and the Feileral government, and between the Cantons of Switzerland and the government of tho Helvetic League. In framing the Constitution of this colony, to which physical circumstances as well as moral considerations, made the appli- cation of one or other of these systems desirable, it lay with Parlianii'nt to determine wliich of the two they would give it. Weie they to treat the Central government as though it had been the original constituent authority, and to give it those ]iaraniount jirevailing and controlling powers over the whole colony of \ew Zealand which Parliament itself possesses over the whole British Empiie? Or were they to treat the ])rovince3 as integral independent units, and starting as it were from that idea, to make them give '.ip only just so much governmental authority to the Central government as might be considered necessary for the general good retaining all powers not so expressly delegated ? I need not tell you that the former was the plan which the minister jiroposed and Parliament adopted. Your Constitution provides that tho Central Legislature of New Zealand shall have an unlimited power of making laws for New Zealand, so far, that is, as is consistent with ita subordination to the mother country. There are certain subjects enumerated which the Provincial Legislatures are not to touch, with which the Central Legislature therefore alone can deal ; but there is no corresponding restriction on the i)owers of the Central government : on the contrary, it is enacted "that the laws made by the General Assembly shall control and supersede all laws in anywise repugnant
48
thereto, which may have boon made prior thereto hy nny Provincial Council, ami any law inatlu l)y any Trovincitil Council sluiil, yo fur as the same is rei)Ugnant to or inconsistent wilii any Act passed liy the General Assembly, be null and void." Carrying out the same view, the Act makes all the Icfjislation of the Provincial Councils to be subject to the governor's disallowance. It enables the governor to disallow also the election of the superintendent, and requires that tha supcriulcudent shall obey the governor's Instructions impliciily with regard to the exercise of all his functions. Indeed the superintendent has no power conferred on him by tlie Act, except the nominal power which it hardly reciuired tlie authority of Parliament to confer, of trans- mitting drafts of laws for the consideration of the Provincial Council, and of giving and Avithholding assent to Hills, in accordance with instructions from the governor. I will consider this part of my subject in relation tirst to the legislative, and ne.xt to the executive powers of the Central and the Provincial authorities respectively. ITi>on tiie first question, whether the Provincial Legislature should or should not have been ma-le /-// the Const Hut ioiial Act independent of the (■cntral Ijcgisla- ture, I do not feel so strongly as most of those with whom I generally agree. I attach, too, more importance than I think they do to the inci nveniencc and evils of having these islands cut up into si.x or eight petty states, with different codes of law, and perhajis dill'erent systems of government, and therefore it is with some hesitation that I liave been led to advocate the complete municijial independence of the Provinces, especially as there is danger lest such unreserved independence tend to pcrpctuiiie the little jealousies and rivalries which the various circum- stances of their resp'.ctive origins liave jiroduced. i)n every account I look anxiously forward to the time when their complete amalgamation will be possible. I have no wish to sec a hexarchy prolonged in a country the whole of whicli is of perfectly manageable dimensions, not larger than Great Britain and Ireland, or tluin many of the American States. The normal state of New Zealand ought, in my opinion, as regards this jioint, to be that of England, not of America. I see nothing wliicii ought to prevent at any very distant time the Parliament of New Zealand legislating for all the islands; just as the Parliament of Great Britain legislates for Caithness and Cork, and that of New York for Long Island and Buffalo. The question between Federalism and unita- rianism (if I may so call it) is in my mind entirely one of gcograjjhy, wheic lliere arc no essential differences of race, or other social peculia- rities which forbid amalgamation. Unit}- is best where you can have it, and the tetideaey of things is towards making political unity more and more possible every year among peo^iles hitherto divided. Electricitj* and steam are the most powerful of political amalgamators; it is easier
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now to p;ov(M'ii llif lliglilaiid^ aiul ('i)iiiiiui'j;lit from tlio liomo sccrctury'a* otlice ill l)i)\viiiiiH-.stri.'i'i, I mii it toinii'ily was to ^^ovcni Di'vuri-liirc iiml Norlliii!nl)L'rliui(l ; ami 1 liiijic many ut'ynii will livo to sec llir JMiiiraiul tliu I'.ay (if islamls Ih'oul,^!!! as near to ( a( li otin'r a.s John (i'(!i'ual,'rf lioiise and llin lii/.anl.
iStill fci'linf^ all lliLs vt'ry rili'on^^'Iy, I cainiot .-(.'c bnl thai at |irL'.sent this colony is not tit for ('(Mitrali/.L'd guvcrnmcnt ; nut nuTcly ln'caiijio commuuicatiiins ai'c im|M'rl'c(:l, Imt hccaiisc you rrally caniiu! pet ptoph' U) lualvo politics a iirufi'ssion, ami to ,sns|ii'ml a consi irralilc ]iart of tiit'ir time at a ilisiaiicr from th.'ir Innni'S. Nor arc the pe-opU', I think, disposLal or littcd to work togi-thcr, as I trnst tln'y will he when llicy liiivo mixed mori' wiili each other, and Itccomu morr natnrali/.i' 1 in their lU'W homes. 'I hry wonld olivioii^-ly pielVr ket'pin;^ apart, and manuring each settlement ltd own alfair.s ; and this is a feelinj;- n|ion uliieh cer- tainly no force should lie i)ut. The popular instinct is likel\ to hi' ri^dit, ami at any rate cannot ho contended with. I am content, therefore, to iic((iiiesc(' in wiial I see clearly the e\Tnt \vill he — nani(dy, thi' ahdiea- tion by the (lenri'al As-emldy of a- miieli of its fiiuclions as ii can with decency and [U'opriely alidicate, hotii in order to save its m lahu's the inconveuienco of freipienl and protrac'ted sessions, and hi cmse ilndr constituents will pn.'fer to have tiu' chief part of ;iieir ail' irs locally niai'aj,a^d. The history of j;-i)vernments analoLioiis to tlial of X<w Zealand .shov,-.s almost iuvariahiy a constant ;:'ro\vth of the ei'iilra.l ele- ment, and I see little reason to sii]ipi)se liiat .\'ew Zr.ihtnd will In- an exception to the rule. The rea.sons I'oi' tliis lie ih'rp in ijn' lirst principles of human naiun^ : in its jralousy of external ci'iilnd, in its local attachmei\ts, its pride, its prejudics, its narrov.-niiiidiMine3,s, its iiatriotism, I'poii the same princi]ile that a man is more attached to his family than his neighhorhood, to his n>'i,iihhorliood ih.ui to the community at large, the ]ieoplc of each ("onfederati'd Siale arc suro to feel a stroni;er bias towards tlie i.;oVi'i'nmeut o!' tladr own State than towards the (Central government; and are sura lo wish as much power as possible to be. thrown into the hiiuds of l!,e former. There is no fear on that .side of the (piestion, excei)t for one conside- ration, ■which 1 earnestly hojie may prove temjiorary and evanescent. "What I refer to is this: at present no doubt the strugn-le between the two will l)e an!, to talcc more or less the form ot' a strnj^gle between the mother country and the colonists, because every dimination of the power of the Uentral government will be of course so much talceu from the )>ower of the governor, who is an Imperial oflicer, and given to the superintendent, who is essentially a colonial olHcer ; but I do not anticipate from that (piarter any prolonged resistance to Provincial aggression. If the Central Assembly and the people generally desire to
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tlirow iiu)ri' mill niorc of tlic iimiiii^^tinciit (ifisfTiiirsi into tlip Iinnds of tlie I'lMviiic'S, ilic iiKillicr (•(iiiiitry will nodii, 1 lliiiil<, get tired of intcrfciitiif for the .-!iki' of ini'siiviiij,' licr indirt'ci inlluciice tliroiig'li llie iiistni- rufiitMlity of tlic ('ciiirii! govertiiiietit ; and, ri'inctiiljer, tiuTo is no (itlior oli.^tiu'Ie to tlic will of tliu iirovlijcitil coiistitiioMcic's. Tlicir agKr^'pitc niJikis lip tiie cciitnil c'onstitiu'ney. It in not licre, as it is, Iiiis been ill miiny Kiiro|ii'iui countries, mIkto the centrnl jiower Ins encroiidied on tli(! piivilepjes of niiinicipul liodies. In tlieso latter cases, you will find tiiiil tlie cen trill power liiis ahviiys rested on a dilfi-rent basis, ^'(■iicrully the basis of a powerl'iil monarchy; while the miinicipa- lilies were scattered and weak, and comprised a small proportion of the people. 1 repent that in every ense which I can remember of the same people choosiii}^ a central t;<>verning body, and local poveriiiiifj bodies, the local bodies have jiroved victors in the strugj^le which necessarily to some extent ensues. 1 am not, tiierefore, as some of my friends arc, disposed to look with jealousy on the possibility of the Central Assembly wishing to retain too much power in its haii s. I am more afraid of the provinces wishing to retain for an indetiiiitc time ampler powers than will ultimately be consistent with the utmost devel- opment of the national greatness and prosperity of New Zealand.*
I cjiiuiot say, how much or liow little of tlicsc commenta- ries have been lulfilled in the twelve years that have since elapsed. ])Ut it is gratifyin;^;, in either ease to know, that despite of more than "ue native war, the j)opulation and material prosperity of the only federally governed colonies of Great liritain have gone on increasing, in an unprecedented ratio.
* Writings and speeclie,? of John Robert Godley. Edited by James Edward Fitzgerald. Christ's Church, New Zealand, 1803, pp. U4-148
61
IX. — Coxru'siox.
Mi^ FiM'.KM AX, the Ilistonau of tliu Qnek Fcdirnfions, coucludi'S his volimif l)y an elfxniont (.'xliortation in lavni- of tlio revival of that fonn of ;4<iv(>niracnt ainon^ tii<' (irrcks of the [)r('seut day. "' One set of circimistaitees," lie says, *' points to Fetleml Union, anotliei* set of circunistanees points to princely government. A monarchic Federation on such a scaki lias never yet existed, hut it is not in itself at all con- tradictory to the Federal ideal."
We have in Jiritish America the same prohlem to solve that iMr. F'reeman tlms pnts hefore tliu Greeks. To the vast majority of our population the monarchical idea is respectahle if not vcncrahle, is full of the promise of ])ermanency, without bein.i^ considered in any respect inconipatil)lo with the lar;j:est liberty. This vast majority, either horn amidst or loni;' accus- tomed to the greater e([uality of fortunes, and .greater laxity of manners which characterize these, like all other iVmorican communities (when compared with Euroj)ean countries), have necessarily very decided democratic tendencies working within them. To regulate this two-fold movement of our public mind, — to see that freedom suffers nothing, while authority is exalted, — would seem to be our task, in the times on which we have fallen.
The reader of the previous pages will have observed one result of all the Federal forms of government which have hitherto prevailed in the world, that the jealous precautions taken by their founders, against the executive or central power, whether electoral or hereditary, have invariably de- feated themselves. Whenever the executive class did not successfully usurp the place in the State which the contrivers
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of such fettcr.s and restraints forliade them to aspire to, the whole Federal framework broke up in chaos. It -was so in the Greek Confederacies; so in tlie Itahan ; so in tlio Nether- lands. Switzerland, it is true, may ho thought an excep- tion,— hut what a price has she W)t ])aid for executive im})Oiency ?
The United States Constitution of 1789, though a vast advance on the previous " Articles of Confederation," was not wholly free from this inherent vice. It was a Constitii- tiou made for times of peace and concord, and not to stand rough weather. And what have we seen ? Tlu^ only unwritten law of the Union, — the law inherent in all govern- ments,— the law of self-preservation, — has overruled all other laws. The executive authority to save itself, and to save the Union, has been compelled to usurp those powers which the Constitution withheld, and to jtlead an inviolability from cen- sure, pending the civil war, as extensive as most monarchs by
right divine," ever pretended to.
It may honestly be claimed, however, for all the Federal governments with which we have just renewed our ac([uaint- ance, that they were free governments ; that they rested mainly on the sensus commmils of the governed ; that they secured internal peace, — and, therefore, were so for civilizers of men ; that they promoted the useful and elegant arts ; that they were nurseries of genius and })ublic virtue ; that they often averted invasion and war, 1)y the imposing front they presented to external powers ; that commerce, letters, and law, are deeply in their debt. Consolidated governments have their own merits, and boast their own achievements, — but so much as Ave have set down must ])e fairly credited to the Federal system. Although the great advances made, in all directions by the human mhid, t(.) whicli Ave have referred, mbjlbt have been made in consohdated states, and under the most centralized systems, still the fact remains, that they
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did tnkc place, under a comltlned provincial and metropolitan system of government. This is nut the })lace to illustrate in detail this important truth ; hut though the writer may not at present enlarge upon its evidences, it is not the less worthy of the reader's most serious examination.
If it is reserved for the good people of these North Ameri- can Provinces to estahlish in tliis age, for themselves and tiieir posterity, principles of government at once permanent and progressive ; a system strong and free ; just hut discrimi- nating ; stern h) punish, ready to redress, and liheral to reward ; the means of making up the })ul)lie judgment as to the constitutional arrangements essential to such a system, are accessible enough. For two thousand years the human race have exhibited their political experiments in history; nor are the latest cha})ters of that history, written in our own language, among our next neighbors, descendants of the same ancestors as ourselves, the least instructive of the lessons which the teacher Time is prepared to unfold to us.
54
APPEiN'DIX.
THE NEW ZEALAND CONSTITnTIONAL ACT, 15 & IG VIC,
CAP. LXXJl.
An Act to grant a Representative Constitution to tlie Colony of New Zi'itland.
[30tli Jmhc, 1852.]
WHEREAS by an Act of the Session liulden in the Third and Fourth Years of Her Majesty, Chapter Sixty-lwo, it was enacted, that it should bo lawful for Her Majesty, by Letters Patent, to be from Time to Time issued under the Great Seal of tlie United Kingdom, to erect into a se[)arate Colony or Colonies any Islands which then were or which thereafter might be comprised within and be Dependencies of tlie Co- lony of A't'w Soutli Wdh's: And whereas, in pursuance of the Powers in Tier vested by tlic said Act, Her Majesty did, by certain Letters Patent under the (Ireat Seal of tiie United Kingdom, bearing Date the Sixteenth Day of Xovciiibcr in the Fourth Year of Her Pieigu, erect into a separate Colony the Islands of Xew Zealand, theretofore comprised within or Dei)endencie3 of the Colony of New South Wales, bounded as therein described, and the said Islands of New Zeiilaml were thereby erected into a separate Colony accordingly ; and Her Majesty did by the said Letters Patent authorize the Governor for the Time being of the said Colony of New Zealand anil certain other Persons to be a Legislative Council for such Colony, and to make Laws for the Peace, Order, and good Government thereof: And whereas by an Act of tlie Session holdcn in tlic Ninth and Tentli Years of Her Majesty, Chapter One hundred and three, the Act firstly herein recited, and all Charters, Letters Patent, Instructions, and Orders in Council made and issued in pursuance thereof, were repealed, abrogated, and annulled, so far as the same were repugnant to the Act now in recital, or any Letters Patent, Charters, Orders in Council, or Royal Instructions to be issued under the Authority thereof; and by the Act now in recital certain Powers for the Government of the said Islands were vested in Her Majesty, to be executed by Letters Patent under the Great Seal of the United Kingdom, or by Instructions under Her Majesty's Signet and
00
:w
' Sij^u Manual, approved in Her Privy Council, anil accompanying or
* referred to in such Letters Patent : And whereas, in pursuance of t!ie ' said last-mentioned Act, Her Majesty diil, by Letters Patent, bearing ' Date at Westminster the Twenty-third Day of December in the Tenth ' Year of Her Reign, and by certain Instructions made and apjiroved as ' required l)y such Act, and bearing even Date with and accompanying ' the said Letters Patent, execute certain of the Powers by such Act ' vested in Her .Majesty for the better (lovernment of the said Islands :
* And whereas by an Act of the Session h<dden in the Eleventh and
* Twelfth Years of Her Majesty, Ciiapter Five, so mucii of the said Act
* secondly herein recited, and the said Letters Patent and Instructions ' issued in jjursuance thereof, as relates to the Constitution and Ivstab- ' lishment of two or more separate Assemblies within the said Islands, ' and of a General Assembly in and for the said Islands, was suspended
* for Five Years, unless Her Majesty, with the Advice of Her Privy ' Council, should direct the same to bo carried into cifect before the Iv\pi- ' ration of that Period ; and by the Act now in recital the said lirstly- ' recited Act, Letters Patent, and Instructions were revised for tlie time ' during which the said secondly recited Act, Letters Patent, luid histruc- ' tions were suspended as aforesaid ; and by the Act now in rocilal cer- ' tain Powers were vested respectively in the Goveruor-in-Ciiief of ' the said Islands and in such Governor and the Legislative Council ' tliereof : And whereas it is expedient that further and better Provi- ' ' ' a sliould be made for the Government of Xew Zealdml :' He it tliere- i-'i ictcd by the Queen's most Excellent Majesty, by and with tli^ . . ' ,; and Consent of the Lords Spiritual and Temporal, and Ccm- mons, in tiiis present Parliament assembled, and by the Autlioriiy of the same, as follows :
I. Tlie said Acts, and all Charters, Letters Patent, Instructions, and Orders in Council issued in pursuance thereof, shall be and tlie same are hereby repealed, so far as the same are repugnant to or would ju-event or interfere with the Operation of this Act, or any Letters Patent or Instructions to be issued under the Auliiority or in pursuance of tliis Act: Provided nevertheless, that all Laws and Ordinances made and Acts done i.i.der and in pursuance of the said recited Acts, and any Charters, Letters Patent, Instructions, or Orders in Council issued in pursuance thereof, shall continue as lawful, valid, and eft'ectual as if this Act had not been passed, save so far as any such Laws, Ordinances, or Acts may be repugnant to or would prevent or interfere with the Operation of this Act: Provided also, tiuat, until the Kxpirati(jn of the Time or latest of the Times a[)pointed for tlie Pa>turn of Writs for tht> First Election of Members of tiie Provincial Councils of tlie Pnivince,-} establislied by this Act, the existing Provincial Legislative Councils
")(]
Bhfill coiilinno 1o i.tivc aii'l {\\ci'L'i.>o all Rifjlits, Jurir^dictioii, I'ower?, and Autliorili'.'r; wliich lliry wniiM liiive hail if" this Act had not I»i'(.mi pas.-ed ; ami until tho K> piratinn of the Time appdinlod i'nv ihe lictiirn of tlie Writs for tho lir.-'t EU'ction of the Members of the House of Hepresenta- tivos to be constituteil under this Act, the Legislative ('ouneil of Neio ZciiLinl shall continue to have and exercise all IJi,2;hts, Jurisdiction, Powers, iiiid Antliorities which such Legislative Council would have had if this Act liad not been ]iassed.
n. The following Provinces are hereby established in AVjc 'Avalmtd ; namely, .■•InrL-lnn'l, A'civ Phjmoulh, Wcllins:to7i, Nelson^ (^(inli-r/'iini, and Ot(i'j;() ; and the Limits of such several Provinces shall be fixed liy Pro- clamation by the Governor as soon as conveniently may be after the Proclamation of this Act in New /.eithnul.
III. For each of the said Provinces iiereby established, and for every Pro- vince heieal'ter to be established as hereinafter jirovided, there sliall be a Superintendent and a Provincial Council, and the Provincial Council of each of the said Provinces hereby established shall consist o'^ such Number of .Members, not less than Nine, as the Governor shall by Pro- clamation direct and appoint.
IV. r[Km or before the L-sue of Writs for the First Election of Mem- bers of the Provincial Council for any Province established by or under this Act, the Persons duly qualified in each of the said Provinces to elect .Members for the Provincial Councils as hereinafter meutioned shall elect a Suiierinleirdent of such Province ; and on the Termination o'^ such Council by Fxpiration of the Period hereinafter fixed for its Continuance, or l)y the previous Dissolution thereof, the Persons quali- fied as aforesaid shall elect the same or some other Person to be Super- intendent, and so on from Time to Time : and every such Superintendent siiall hold his Ollice until the Election of his Successor : Provided always, that it shall be lawful for the Governor of New Zcdlnml, on be- half of Her .Majesty, to disallow any such Election ; and if such Disal- lowance be signilied by the Governor, under the Seal of New Zcithiml, to the Speaker of such Council, at any Time within Three Months after such Flection, the Ollice of Superintendent shall become vacant ; and on any Vacancy occasioned Ijv such Disallowance, or by the Deatli or Re- signation of the Superintendent (such Resignation being accepted by the Governor on behalf of Her .Majesty), a new Election shall in like Manner take place: Provided farther, that at any Time during the Continuance of the Onice of any such Superintendent it shall be lawful for Her .Ma- jesty to remove him from such Office, on receiving an Address signed by the .Viijority of the Members of such Provincial Council praying for such Removal; and thoreuiion the like Proceedings shall be had as in the Case of any such Vacancy as alove mentioned.
V. It slifill bo Inwfiil for tlic (lovonior, by Proclnmation, to constitute within each of lb" suid Proviiicos hereby established conveiiiiMit Electoral Districts fur the Election of Members of the Provincial Council, and of tlie Si'periutcndeat, and to apiioinl and declare tiie Xtinibcr of Members to be elected for cacli such District fur the I'rovincial Council, and to make Provision for the Registration and Revision of Lists of all Persona qualified to vote at the Elections to be liolden within such Districts, and for the aiijioiuting of Relurnin;T OHicers, and fur issuing, executing, and returning tiie necessary Writs for such Elections, and for takii.g the Poll thereat, and for determining the Validity of all disputed Returns, and otherwise for ensuring the orderly, effective, and impartial Conduct of sucli Elections; and in determining the Number and Extent of such Electoral Districts, and the Number of Members to be elected for each District, regard shall be had to tiie Number of Electors within tlic same, so tliat the Number of Memljcrs to be assigned to any (»ne District may bear to tiie whole Number of the Members of the said Council, as nearly as may be, the same Proportion as tlie Number of Electors within such District siiall bear to tlie whole Number of Electors within the Limits of the Province.
\\. Every Person within any Province hereby established or heroaftCT to be established who shall be legally (lualilied as an Elector, and duly rcgistereil as such, shall be qualified to be elected a Member of the Pro- vincial Council thereof, or to be elected Superintendent thereof; Pro- vided always, that it shall not l)e necessary that he reside or possess the Qualification in the particular District for which he may be elected to serve as a Member.
VII. The Members of every such Council shall be chosen by the Votes of the Inlialjitants of the Province who may be qualified as hereinafter nieuiioned ; tliat is to say, every Man of the Age of Twenty-one Years or upwards having a Freehold Estate in jiossession situate within the District for which the Vote is to be o'iven of the clear Value of Fifty Pounds above all Charges and Incumbrances, and of or to whicli he has been seised or entitled, ei'her at Law or in E(piity, for at least Six Calendar Months next before the last Registration of Electors, or having a Leasehold Estate in possession situate within such District, of the clear annual Value of Ten Pounds, held upon a Lease which at the Time of such Registration shall have not less than Three Years to run, or hav- ing a Leasehold Estate so situate, and of such Value as aforesaid of ■whicli lie has been in ])ossession for Three Years or upwards next before such Registration, or being a Householder within such District occupy- ing a Tenement within tlie Limits of a Town (to be pioclaimed as such by the Governor for the purposes of this Act) of the clear annual Value of Ten Pounds, or without the Limits of a Town of the clear annual
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Value of Five Pounds, ami liavinp; rcsidoil tiicroin Six Calendar Monllis next bcn.'re such Ile^^istratioii as aforesiiid, sluill, if duly ropis- teri'd, be entitled to vote at the Election of a Member or ?tleniberri for the District.
VIII. Provided always, That no Person shall be entitled to vote at any such Election wlio is an Alien, or -who at any Time theretofore shall have been attainted or convicted of any Treason, Felony, or infamous Offence witliin any Part of Her Majesty's Dominions, unless he shall have received a free pardon, or shall have undergone the sentence or punish- ment to ■which he shall have been adjudged for such Ollcnce.
IX. It shall be lawful for any .Member of any Provincial Council, by Writing under his Hand, addressed to the Superintendent of the Pro- vince, to resign his Seat in tlie said (younci!; and ujion tiie Receipt by the Su])eriutendent of such Resignation the Seat of such .Member shall become vacant.
X. If any .Member of any Provincial Council shall for Two successive Sessions of such Council fail to give his Attendance therein, or sliall lie- come baukrujit, or shall become an Insolvent Debtor within the .Meaning of the Laws relating to Insolvent Debtors, or slniU become a public De- faulter, or be attainted of Treason, or be convicted of Felony or any infamous OU'ence, his Seat in such Council shall thereupon become vacant.
XI. Any Question which shall arise respecting any Vacancy in a Pro- vincial Council on occasion of any of the Matters aforesaid shall be heard and determined by such Council, on such Question being referred to them for that Purpose by the Superintendent of the Province, and not otherwise.
XII. Whenever it shall be established to the satisfaction of the Super- intendent that the Seat of any Member of the Provincial (Council has become vacant, the Superintendent shall forthwith issue a Writ for the Election of a new Member to serve in the Place so vacated, during the Remainder of the Term of the Continuance of such Council, and no longer.
XIII. Every Provincial Council shall continue for the Period (jf Four Years from the Day of the Return of the Writs for choosing the same, and no longer; Provided always, that it shall bo lawful for the Gover- nor, by Proclamation or otherwise, sooner to dissolve the same, ■when- ever he shall deem it expedient so to do.
XIV. The Governor shall cause the First Writs for the Election of Members of the Provincial Council of every Province hereby established to be issued at some time not later than Six Calendar Months next after the Proclamation of this Act in Neiv Zealand; and upon the Expiration of the said Period of the Continuance of any Provincial Council, or
69
upon the Previous Dissolution tliereof, tlio Governor slml! cause Writs to be issued for tlie Election of Meniliers of the ensuing Council.
XV. It shall be lawful fur tlio Sniierintcndont by Proclamaticu in tlie Government Gazette, to fix such Place or Places -within tho Liniit.5 of the Province, and such Times for holding tlie lirst and every otlicr Ses- sion of the Provincial Council, as he may think fit, and from Time to Time, in manner aforesaid, to alter and vary sucii Times and Places as he may judge advisable, and most couoistent with general Convenience.
XVI. It shall be lawful for the Superintendent to prorogue such (/oua- cil from Time to Time whenever he shall deem it expedient -i to do.
XVII. Provided always. That there shall be a Session of every Pro- vincial Council once at least in every Vear, so that a greater Period than Twelve Calendar Months shall not intervene between tlie last Sit- ting of the Council in One Session and the First Sitting of the Council in the next Session.
XVIII. It shall be lawful for the Superintendent of each Province, witli the Advice and Consent of the Provincial Council thereof, to make and ordain all such Laws and Ordinances (except and subject as herein- after mentioned) as nuiy be required for the Peace, Order, and good Government of such Province, provided that the same be nut repugnant to the Law of Englaml.
XIX. It siiall not be lawful for the Superintendent and Provincial Coun- cil to make or ordain any Law or Ordinance for any of the Purposes here- in-after mentioned ; (that is to say,)
1. The Imposition or Regulation of Duties of Customs to be im])03ed
on the Importation or Exportation of any Gouds at any Port or Place in the Province :
2. The Establishment or Abolition of any Court of Judicature of Civil
or Criminal Jurisdiction, except Courts for trying and punishing such Offences as by the Law of New Zcdldnd. are or may be made punishable in a summary Way, or altering the Constitution, Jurisdiction, or Practice of any such (/Ourt, except as aforesaid :
3. Regulating any of the current Coin, or the Issue of any Bills, Notes,
or other Paper Currency :
4. Regulating the Weights and .Measures to be used in the Province
or in any Part thereof:
5. Regulating the Post Oflices and the Carriage of Letters within the
Province :
6. Establishing, altering, or repealing Laws relating to Bankruptcy
or Insolvency :
7. The Erection and Maintenance of Beacons and Liglithouses on the
Coast :
8. The imposition of an}- Dues or other Charges on Shipidng at any
Port or Harbour iu the Province :
no
9. Rc'Siilating Marriajic«^9 :
10. AlU'ctiiifj liUiid.-i ol'tlio Crown, or Lands to wliicli tlic Titlo of tho
Alniriginal native drttu'rs lias nrv(n' lunn (wlinjifiiislicd :
11. Inllicting any Disabilities or IU'.slrictious on l'or.son3 of tlie Niitivo
Raci' to wliicli I'ersons of Enropean Birth or Descent would not al?o be subjected :
12. Alterinr^ in any way the Criminal Law of A'cw Zealand, except so
far as relates to the Trial and Punisliment of such OfTences us are now or nniy by the Criminal Law of New Zealand be punishable in a summary Way as aforesaid :
13. IJeynlatins; the Course of Inherilanco of Real or Personal Property,
or affecting the Law relating to Wills.
XX. Every Provincial Council shall immediately on their First Meet- ing, and before ])rocceding to the Despatch of any other Business, elect One of their Members to be the Si>eaker thereof, d\iring the Continuance of such Council, which Election being confirmed by the Superintendent shall l)e valid and effectual ; and in case of Vacancy in the said Oflico by Death, Resignation, or otherwise, then and so often as the same shall hapjien the Election shall be repeated and confirmed as aforesaid.
XXI. The Speaker of each Provincial Council shall preside at the Meetings of such Council ; but in his Absence some Member elected by the Council shall preside.
XXII. Xo Provincial Council shall be competent to the Despatch of any Business, unless One Third of the whole Number of Members be pre- sent.
XXIII. All Questions which shall arise in any such Council shall be decided by the JIajority of Votes of the Members present other than the Speaker or presiding Member; but in all Cases wherein the Votes shall be equal, the Speaker or presiding Member shall have a Casting Vote.
XXIV. Every Provincial Council at their First Meeting, and from Time to Time afterwards, as Occasion may require, shall prepare and adoi)t such Standing Rules and Orders as may be best adai)ted for tho orderly Conduct of the Business of such Council, which Rules and Orders shall be laid before the Suiierintendent, and being by hira approved shall then become binding and in force.
XXV. It shall not be lawful for any Provincial Council to pass, or for the Superintendent to assent to, any lUll a})i)ropriating an}- Money to the Public Service, unless the Superintendent shall first have recom- mended to the Council to make Provision for the specific Service to which such Money is to bo ap[iropriate(i ; and no such Money shall be issued or be made issuable, except by Warrants to be granted by the Superintendent.
XXVI. It shall be lawful for the Superintendent to transmit to the
(31
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Provincial Council, for tlieir Consideration, the Drafts of any siicli Laws or Onlinances as it may ai>iiear to liitn (In.-^irnhle to iiitfinliKH', aiul all such Dnifis shall he tiiktMi into consiilcratiou in sui'li CDnvcnicnt Man- ner as in and by such llules and Orders as aforesaid shall he in that Behalf provided.
XXVII. Every Uill passed by the Provincial Council shall be presented to the Hu[ierintendent for the (iovenior's Assent, and the Superintendent shall declare, accordiuf? t(j hi.s Discretion, (but subject nevertlieless to the Provisions herein contained and to such Inslnietions as may from Time to Time be given him by the (roveruor,) tliat he assents to .-uch i'.ill on behalf of the Governor, or that he witldiolds the Assent of the dovi'inor, or that he reserves such I'.ill for tlie Sifjuifioation of the (iovermu's Plea- sure tiiereon; ])rovided always, that it shall and may be lawful for the Superintendent, before declaring his Pleasure in reganl t(.) any liill so presented to him, to make such Amendments in such Hill as in' thinks needful or expedient, ami to return Hueh Bill with such Amendments to such Council, and the Consideration of such Anicndmenls by such Coun- cil shall take place in such cf)nveuient Manner as shall in and l)y the Ptules and Orders aforesaid be in that Helialf provided ; provided also, that all "Jills altering or alFecting the Extent of the several Electoral Districts which shall be represented in the Provincial Council, or estab- lishing lunv or other such Electoral Districts, or altering the Xuniber of the Members of such Council to be chosen by the said Districts re<iiec- tively, or altering the Number of the Members of such Council, or alter- ing the Limits of any Town or establishing any new Town, shall l)o so reserved as aforesaid.
XXVI IE Whenever any P>ill shall have been assented to by the Super- intendent as aforesaid, the Superintendent shall forthwith transmit to the Governor an authentic Copy thereof.
XXI.X. It shall be lawful for the Covernor at any Time within Three Months after any such Hill shall have been received by him to declare by Proclamation his Disallowance of such Hill, and such Dis.illowance shall make void and annul the same from and after the Day of the Date of such Proclamation or any subsequent Day to be named therein.
XXX. No Bill which shall be reserved for the Signilication of the Assent of the Governor shall have any Force or Authority Aviihin the Province until the Superintendent shall signify either by Speech or Message to the Provincial Council, or by Proclamation in the Govern- ment Gazette, that such Bill has been laid before the Governor, and that the Governor has assented to the same ; and an Entry shall be made in the Journals of the Provincial Council of every such Speech, .Message, or Proclamation, and a Duplicate thereof, duly attested, shall be de- livered to the Registrar of the Supreme Court, or other proper Officer,
^
02
to bo kept amunp the llccords of tlit- Province ; and no Hill wliicli shall be sii reserved as aforesaiil slmll have any Force or Authority witliin the Proviiiee unless the Assent of the (Jovernor thereto shall have Inen so gifrnil'u'd as afuresaiij witliin Tiirec .Months next after the Day on which sneh Hill shall liave been uresenled to the Superintendent for the (lover- nor's Assent.
XXXI. It shall be lawful for the CJovornor from Time to Time to transmit to the SMjierintendent of any Province, for his Guidance in n-ssentin;; to or withholdin<; Assent from liiUs, or reserving the same for the .Si;.;nilication of the Clovernor's Pleasure thereon, such Insiructions as to the Governor shall seem (it, and it shall be the Duty of the Super- intendent to act in obedience to such Instructions.
XXXII. There shall be within the Colony of Xcir Ziuildiuf n fJeneral Assembly, to consist of the Governor, a Legislative Gouiicil, and House of Representatives.
XXXIII. For constituting the Legislative Council of Nfw Zcalund it shall be lawful for Her .Majesty, before the Time to be ap[)ointed for the First .Meeting of the General Assembly, by an Instrument under Her Royal Sign Manual, to authorize the (Jovernor in Her Majesty's Name to summon to the said Legislative Council such Persons, being not less in Number than Ten, as Her jMajesty shall think lit ; and it shall also be lawful for Her .Majesty from Time to Time in like Manner to authorize the Governor to summon to the said Legislative Council such other Person or Persons as Her Majesty shall think fit, either for supplying any Vacancy or Vacancies or otherwise, and every Person who shall be so summoned shall tiiereby become a .Member of the said Legislative Council; P.-ovidcd always, that no Person shall be summoned to such Legislative Council who shall not be of the full Age of Twenty-one Years, and a natural born Subject of Her Majesty, or a Subject of Her Majesty naturalized by Act of Parliament, or by an Act of the Legisla- ture of New Zealand.
XXXIV. Every Member of the Legislative Council of New Zealand shall hold his Seat therein for the Term of his Life, subject nevertheless to the Provisions hereinafter contained for vacating the same.
XXXV. It shall be lawful for any Member of the said Legislative Coun- cil, by Writing under his Hand addressed to the Governor, to resign his Seat in the said Council, and upon such Resignation and Acceptance thereof by the Governor the Seat of such Jlember shall become vacant.
XXXVI. If any Legislative Councillor of New Zealand shall for Two successive Sessions of the General Assembly, without the Permission of Her Majesty or of the Governor, signified by the said Governor to the Legislative Council, fail to give his Attendance in the said Legislative Council, or shall take any Oath or make any Declaration or Acknow-
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ledpmpiit iif Allppiiiiico, ObcdicMicc, (ir Ailla'icncc to any Forcij^rn Prince or I'owiT, or oliall do, cniicur in, (ir adopt iiiiy Act wlicrtliv l:i> may but'niiK' 11 Hiilijfct or ('iti/.cii of luiy I'(»rfi;,Mi State or Power, or hrconic entitled to the Kiglit?, Privileges or IinniuiiitieH of ii Siiliject or Citizen of liny I'oreign State or Power, or t^liall laTonie liauUriiiit, or shall heeoino nil Insolvent Debtor witliin the Meaning of the Laws relatiiij,' to Insol- vent Debtors, or shall become a imblic Dt'thnlter, or bea'lainted of Trea- son, or hu convicted of Felony or any infamous Crime, his Seat in such Council siiall thcroby become vacant.
XXXVil. Anj' Question whidi shall arise respecting any Vacancy in ti'e said fiCgislativc Council on occasion of any of the Matters aforesaid, sha' be referretl by tlie (Jovernor to the said Legislative Council, to be by tli',' said Legislative Council beard and delermined : I'rovided al- ways, hat it shall be lawful, either for tiie I'erson resjiecting whose Soat such (Question shall have arisen, or for Wcv Majesty's Attorney General for New Zcaldiiil on Her Majesty's ISehalf, to appeal from the Determination of the 3:iid Council in such Case to Her Majesty, and the Judgment of Her Majesty given with the Advice of Her Privy Council thereon shall be final and conclusive to all Intents and Purposes.
XA'XVIII. The Governor siiall have Power and Authority from Time to Time to apjioint One Member <jf liie said Legislative Council to be Speaker of such Council, and to remove him and appoint another in his Steaii.
XXXIX. The Presence of at least Five Members of the said Legisla- tive Council, including the Speaker, shall be necessary to constitute a Heeling for the Exercise of its Powers ; and all Questions which shall arise in the said Legislative Council shall be decided by a Majority of Votes of the .Members present other than the Speaker, and when the Votes shall be equal the Speaker shall have the Casting Vote.
XL. For the Purjiose of constituiing the House of Piepresentatives of New Zcdliiiifl it shall be lawfid for the Governor, within the Time here- inafter mentioned, and tbereafter from Time to Time as Occasion shall require, by Proclamation in Her Majesty's Name, to summon and call together a House of Pepresentativcs in and for New Zcaldud, such House of Representatives to consist of such Number of Members, not more than Forty-two nor less than Twenty-four, as the Governor shall by Pro- clamation in that Behalf direct and appoint; and every such House of Representatives shall, unless the General Assembly shall be sooner dis- so1v(m1, continue for the Period of Five Years from the Day of the Return of the Writs for choosing such House, and no longer.
XLI. It shall be lawful for the Governor by Proclamation to constitute within Neiv Zealand convenient Electoral Districts for the Election of Members of the said House of Representatives, and to appoint and de-
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claro tlio Number of siicli Mcnil)or.s to be elected for ench siicli DiHtrict, mill to iimkc! Provi-iijii r so fur us may be necessary bcyoml the I'ldvi.sion which mii_\ be uiiiilo fm the like I'lirpuses in rcliitiiii^ to KleciioiiH for Proviiieiiil Ciiuiu'ild) for the l{i'f,'irftriitioii mid Revision of Lists of all Persona nualilicd to vote at tiie Klectioas to be liolden within siicli Dis- tricts, and uIho i'rovisioii for liie a|i|itiinlinj; (if IJeturuinj^ (Jllicers, and for issnin^r, ex(.'ciitinj?, and returninj^ the necessary Writs for Kit clions of Members of the lloiiso of ilepresentativea, and for takin;,' the i'(dl thereat, and dtlierwise for endiirin;,' tiie orderly, ell'eclive and iniiiarlial Condnet of sncli lilections; and in determining the Number and Hxtcnt of such Klecloral Districts, and tlie Xnmber of .Members to be eieeie(l for each District, regard siiall be iiad to tlie N'nml)er of Electors within the same, so that the Number of Members to be assi;fne<l to any One District may boar to the whole Number of the Members of tlie lloiise of liepre- aentatives, as nearly' as may be, tlie same l'ro|iiirtioii as the Ninuiier of Electors williin such District shall bear to tlie whole Number of lilec- tors in Nfiv Zriilanil.
XLII. The Members of the said llonse of llepresentatives to jje cliosen in every Electoral District appointed for that I'lirpose shall bo chosen by the Votes of the Inhabitants of AVi/j Zinltniil who shall jiossess within such District the like Qnalilications which, when jjossessed within an Pilectoral District appointed for the lOlectiou of Members of a Provincial Council, would enlitle Inhabitants of the Province to vote in the Elec- tion of Members of the Provincial Council thereof, and who shall lie duly retfistered as Electors ; and every Person legally qiialitied as such Elector shall be (|ualilied to be elected a Mi'inber of the said House.
XLUI. Tiie (roveruor shall cause the First Writs for the Election of Members of the said House of llepresentatives to be issued at some Time not later than Six Calendar Months next after llie Proelaiuatidii of this Act in New '/A'alund ; and upon llie Expiration of the said J'eriod of the Continuance of the House of Representatives, or iii)on the jirevioiis Detcrmiualion of such House by the Dissidiition of the Cfoneral Assembly, the Governor shall cause Writj to be issued for the Election (jf Members of the ensuing House of Representatives.
XfjlV. The General Assembly of jScw Zcdl'iml shall be holden at anv Place and Time within New Zcaldml, which the Governor shall from Time to Time by Proclamation for that Purpose appoint ; and the Time so to be appointed for the first holding of such General Assembly shall be as soon as convenieniiy may be after the iieturn of the First Writs for the Election of Members of the said House of Repre- sentatives; and the Governor may at his Pleasure prorogue or di5S(dvc the General Assembly.
XLV. The said House of Representatives shall, until Provision be
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otlitTwigo made in tlial Holmlf by Law, \h> Jiidgi's, witlioiit Appoul, ot" tlio Valiility of tho Klcctiuii offucli MuihIht tln'rcof.
XliVT, No ^f(•Illl)lM• of till! said Iil•^;i^llltiv(' Council or Ifoiiac r>f [Icprc- ficnlativca Hliall iic piTinitti'd to sit or voli." tiiciviii until lio slmll luivc talicn 1111(1 siili.scribcil tlio tdllowing (difli hi't'ore tiu! (Jovi'rnur, or b't'ore Bonio I'crson or INthoiis authorized hy liini to adtninister such Oath : ' ~r jJ.Ii. do sinccndy proruiso and 3woar, That I will bo faitliful uiid ' -»- l)yur true Allegiance to Her Majesty Queen J'irtoriu.
' So help me litil).'
XLVH. Kvcry Person authorized by liaw to make his solemn Aflirma- tioii or Declaration instead of taking an Oath may make such Atlirma- tion or Declaration in lieu of the said Oath.
XLVIll. The saiil House of Ucpresentalives shall inunediately on iheir first Meeting proceed to the f'hoice of One of llu'lr Meniher.^ as tlndr Speaker during tho continuance of the said House, which (Jliuic,', lifing conlirined by the (rovernor, shall be valid and ellectuiil ; and in ca-,e of Vacancy of the ollico by Death, Resij^iiation, or otherwise, then und so often as the same shall happen, the Choice shall be repealed and cun- lirtned as aforesaid.
XLIX. It shall be lawful for any Member of the Hoine of Uepre^eii- tatives, by Writing under his Hand addressed to the Speaker of ilie said House, to resign his Seat in the said House, and u[)un such llesignatiou the Seat of sucli Member shall become vacant.
L. If any Member of the said House of Representatives shall for One whole Session of the Geueral Assembly, without tho Permission of such House, fail to give his Attendance in the said House, or shall take any Oath, or make any Declaration or Acknowledgment of Alle- giance, Obedience, or Adherence to any Foreign Prince (u* Power, or do or concur in or adopt any Act whereby lio may become a Suliject or Citi/.en of any Foreign State or Power, or become entitled to the Rights, Privileges, or Immunities of a Subject of any Foreign State or Power, or shall become bankrupt, or shall become an Insolvent Debtor within the Meaning of the Laws relating to Insolvent Debtors, or sliall become a public Defaulter, or be attainted of Treason, or be convicted of Felony or any infamous Crime, his Seat in such House shall thereby become vacant.
LI. When and so often as a Vacancy shall occur as aforesaid in any Seat in the said House of Representatives, it shall and may be lawful for such House to address tho Governor, slating the E.Kistence of such Vacancy and the cause thereof, and the Governor, upon receiving such Address, shall 'cause a Writ to be issued for supplying such Vacancy.
Lll. The said Legislative Council and House of Reiu'csentatives at the First Sitting of each respectively, and from Time to Time afterwards as
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tlicro sliall 1)0 Occasion, simll lu-oiiarc and ado])! such Standing Rules and Orders as shall anpoar to tho ?aid Couucil and House of Rf)ir('sen- tatives respoctivoly he.U aihqited fov liio orderly Conduct of tlic Business of such Council and House respectively, and for the Manner in which such Council and House respectively shall be iiresided over in case of the Absence of the Speaker, and for the Mode in wiiich such Council and House sliall confer, correspond, and communicate with each oilier relative to Votes or I5iils passed l)y or pending in such Couucil and House re- spectively, and for the Manner in whicii X(jtices of iJills, Resolutions, and other Business intended to be submitted to sncii Council and House respectively at any Session thereof may be published in the Covernment Gazette or otherwise for general Information for some convenient Space or Time before tlie Meeting of sucii Council and House respectively, and for the proper framing, entitling, and numbering of the Bills to be intro- duced into and passed by the said Council and House of Representa- tives, all of wliieh Rules and Orders shall by such Council and House respectively be laid before the Governor, and being l)y him apjuoved shall become binding and of force, but subject nevertlieless to the Con- firmation or Disallowance of Her Majesty in manner liereiaafler provided respecting the Acts to bo made by the Governor with the Advice and Consent of the said Legislative Council and House of Representatives ; provided that no such Rule or Order shall be of force to subject any Person, not being a Member or Officer of the Council or House to wiiich it relates, to any Pain, Penalty, or Forfeiture.
LIII. It shall be coiir eletit to the said General Assembly (except and subject as hereinafter mentioned) to make Laws for the Peace, Order, and good Government of New Zciilaml, provided lliat no such Laws be repugnant to the Law of l<lii<;laii(l ; and the Laws so to be made by the said General Assembly shall control and supersede any Laws or Ordi- nances in anywise reitiigiiant thereto which may iiave been made or ordained prior thereto by any Provincial Council ; and any Law or Ordinance made or ordained by any Provincial Council in pursuance of the Authority hereby conferreil iiiioii it, and on any Subject wliereon under such Authority as aforesaid it is entitled to legislate, shall, so far as the same is repugnant to or inconsistent with any Act passed by the General Assembly, be null and void.
LIV. It shall not be lawful for the House of Representatives or the Legislative Council to pass, cu- for tiie Governor to assent to, any Bill appropriating to tlie Public Service any Sum of Money from or out of Her .Majesty's Revenue within New Zca'diul, unless tlie Governor on H"r .Majesty's Belmlf shall lirst liave recommended to the House of Re- presentatives to make I'rovision for tlie specific Pulilic Service towards whicli such Money is to l^e aiipropriated, and (save as herein otherwise
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provider!) no Part of Ilcr Mnjosty's Picvcnuo witlilii New ZeaJaml shall bo issued oxceiil in pursuance of Warrants under tlic Hand oftlie Gover- nor directed to tlic public Treasurer tliereof.
LV. It sball and may be lawful for the Governor to transmit by Mes- sage to either tiie said Legislative Council or tlie said House of Iie))re- sentativc3 for their Consideration tiie Drafts of any Laws which it may njjpear to liim desirable to introduce, and all sucli Drafts shall be taken into consideration in sucli convenient Manner as shall in and by tlic Rules and Orders aforesaid be in that IJehalf provided.
LVL Whenever any Bill which has been jiasseil by the said Legisla- tive Council and House of Iteprescntatives shall be presented for Her Majesty's Assent to the Governor, ho shall declare according to his Dis- cretion, but subject nevertheless to the Provisions contained in this Act and to such Instructions as may from Time to Time be given in that Behalf by Her Majesty, Her Heirs or Successors, that he assents to such Bill in Her Majesty's Xanie, or that he refuses his assent to sucli Bill, or that he reserves such Bill for tlie Signification of Her Majesty's Pleasure thereon ; provided always, that it shall and may be lawful for the Governor, before declaring his Pleasure in regard to any Bill so jire- scnted to him, to make such Amendments in such Bill as he things need- ful or expedient, and by Message to return such Bill with such Amend- ments to the Legislative Council or the House of llepresentatives as he shall think the more fitting, and the Consideration of such Amendments by the said Council and House respectively shall take place in sucii convenient Manner as shall in and by the Rules and Orders aforesaid lie in thai Behalf provided.
LVII. It shall be lawful for Her Majesty, with the Advice of Her Privy Council, or under Her Majesty's Signet and Sign Manual, or through One of Her Principal Secretaries of State, from Time to Time to convey to the Governor of New Zcdlaml such Instructions as to Her Majest}'' shall seem meet, for the Guidance of such (iovernor, for the Exercise of the Powers hereby vested in him of assenting to, or dissenting from, or for reserving for the Signification of Her Majesty's Pleasure, Bills to be passed by the said Legislatis'e Council and House of Representatives; and it shall be the Duty of such Governor to act in obedience to such Instructions.
LVIII. Whenever any Bill which shall have been presented for Her Majesty's Assent to the Governor shall by such Governor have been assented to in Her Majesty's Name, he shall by the first convenient Op- portunity transmit to One of Her Majesty's Principal Secretaries of Slate an authentic Copy of such I]ill so assented to ; and it shall be lawful, at any Time within Two Years after such Bill shall have been receive! by the Secretary of State, for Ilcr .Majesty, by Order in Council, to declare
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Her Disallowance of such Rill ; and such Disallowance, together wjtli a Certificaie under the Hand and Seal of the Secretary of Stale eerlifving the Day on wliich such 15111 wa;^ received as aforesaid, l)eing signified by the GoTcrnor to tiie said Legislative Oouncll and House of Reprcsenta- tires by Speech or Message, or by rroclamatior. in the Government Gazette, shall make void and annul the same from and after the Day of such Signification.
LIX. Xo Bill which shall be reserved for the Signification of Tier Majesty's Pleasure thereon shall have any Force or Authority within New Zealand until the Governor shall signify, either by Speccii or Mes- sage to the said Legislative Council and House of Representatives, or by Proclamation, that such Bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same; and an Entry shall be made in the Journals of the said Legislative Council and House of Representatives of every such Speech, Message, or Proclamation, and a Duplicate thereof, duly attested, shall l)e delivered to the Registrar of the Suiiremc Court, or other proper Oflicer, to be kept among the Records of AV?/' Zenhind ; and no Bill which siuill be so reserved as aforesaid shall have any Force or Authority witlun A'or Zid- laiidj unless Her Majesty's Assent thereto shall have been so signilied as aforesaid within the Space of Two Years from the Day on which such !)iil shall have been presented for Her Majesty's Assent to the Governor as aforesaid.
LX. The Governor shall canse every Act of the said General Assem- bly which he shall have assented to in Her Majesty's Xame to be printed in the Government Gazette for general Information, and such Publica- tion by such Governor of any such Act shall be deemed to be in Law the Promulgation of the same.
LXI. It shall not be lawful for the said General Assembly to levy any Duty upon Articles imported for the Supply of Her Majesty's Land or Sea Forces, or to levy any Duty, impose any Prohibition or Restric- tion, or grant any Exemptions, Bounty, Drawback, or other Privilege upon the Importation or Exportation of any Articles, or to impose any Dues or Charges upon Shipping contrary to or at variance with any Treaty or Treaties concluded by Her .Majesty with any Foreign Power.
LXII. The (Jovernor is hereby authorized and required to pay out of the Revenue arising from Taxes, Duties, Rates, and Imports levied under any Act or Acts of the said General Assembly, and from the Disposal of Waste Lands of the Crown, all the Costs, Charges, and Expenses in- cident to the Collection, Management, and Receipt thereof; also to pay out of the said Revenue arising from the Uisiiosal of Waste Lands of the Crown such Sums as may become payable under tlie Provisions herein- after contained for or on account of the Purchase of Land from aborigi-
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nal Xativcs, cr tlio Release or Extinguishment of tlicir 'Ripflits in any Land, and such isunis as may boconu' jiayable to the A'cic Ze<ili:ii<l Com- pany under the Provisions of lliis Act in rcsi)ect of the Sale or Alioua- tion of Land : Provided always, tiiat full and particular Accounts of all such Disbursements shall from Time to Time be laid bcfure the said Legislative Council and House of llepresentativcs.
LXIII. All Costs, Charges, and Expenses of or incident to the Col- lection, Management, and iicceipt of Duties of Import and Export shall be regulated and audited in sucli Manner as shall be directed by the Commissioners of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, and all such C')s.s, Charges, and Expenses in relation to other Branches of the said Revenue sliall be regulated and audited in such Manner as shall be directed by Laws of the said General Assembly.
LXIV. There shall be payable to Her Majesty, every Year, out of the Revenue arising from such Taxes, Duties, Rates, and Imports, imd from tlic Disjiosal of such Waste Lands of the Crown in New Zealand, the several Sums mentioned in tlie Schedule to this Act; such several Sums to be paid for defraying the Expenses of the Services and Puriioses men- tioned in such Schedule, and to be issued by the Treasurer of Xen- Zealand in discharge of such Warrants as shall be from Time to TiiuL' directed to him under the Hand and Seal of tiie Crovernor ; and the said Treasu- rer shall account to Iler Majesty for the same througli the Commission- ers of Her Majesty's Treasury of tlic United Kingdom of Great Britain and Ireland, in such Manner and Form as Her Majesty shall be graciously pleased to direct.
LXV. It shall be lawful for the General Assembly of New Zealand, by any Act or Acts, to alter all or any of the Sums mentioned in the said Schedule, and the Appropriation of such Sums to the Services and Purposes therein mentioned ; but every Bill which shall be passed by the said Legislative Council and House of Representatives altering the Salary of the Governor, or altering the Sum described as for native Purposes, shall be reserved for the Signilicaticn of Her Majesty's Plea- sure thereon, and until and subject to such alteration by Act or Acts as aforesaid the Salaries of the Governor and Judges shall be those resi)ectivoly set against their several Offices in the said Schedule ; and Accounts in detail of the Expenditure of the several Sums for the Time being ap!)ropriated under this Act, or such Act or Acts as aforesaid of the said General Assembly, to the several Services and Pur[i(>se3 men- tioned in the said Schedule, shall be laid before the said Legislative Council and House of Representatives within Thirty Days next after tiie Beginning of the Session after such Ivxpenditure shall have l)een made ; Provided always, that it shall not be lawful for the said General Assem-
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bly, by any piicli Act a? aforopnirl, to make any Diminution in the Salary of any Judgu to take oflt'Ct during tlie Continuance in Oflicc of any Per- son being sucii Jiiiige at tiie Time of llie passing of such Act.
LXVI. After and subject to the Payments to be made under the Pro- visions hereinbefore contained, all the Pa;venuc arising from Taxes, Duties, Kates, and Imjiosts levied in virtue of any Act of the General Assembly, and from the Disposal of Waste Lands of the Crown, under any sucii Act made in pursuance of the Authority herein contained, shall be subject to be approjiriated to such s]iecific Purposes as by any Act of the said General Assembly' shall be prescribed in that r)ehalf ; and the Surplus of such Picvenue which shall not be appropriated as aforesaid shall be divided among the several Provinces for the Time being established in New Zcaliiml under or by virtue of this Act, in the like Proportions as the gross Proceeils of the said Revenue shall have arisen tiierein respectively, and shall be paid over to the respective Treasuries of such Provinces for the public Uses thereof, and sliall be subject to the Ajipropriation of the respective Provincial Councils of such Provinces.
LXVI I. It shall be lawful for the said General Assembly, by any Actor Acts, from Time to Time, to establish new Electoral Districts for the Purpose of electing Members of the said House of Representatives, to alter the Boundaries of Electoral Districts for the Time being existing for such Purposes, to alter and appoint the Number of Members to be chosen for such Districts, to increase the whole Number of Members of the said House of Representatives, and to alter and regulate the Ajjpoint- ment of Returning Officers, and make Provision in such Manner as they may deem expedient for the Issue and Return of Writs for the Election of the Members of such House, and the Time and Place of holding such Elections, and for the Determination of contested Elections for such House.
LXYIIT. It shall be lawful for the said General Assembly, bj-- any Act or Acts, to alter from Time to Time any Provisions of this Act and any Laws for the Time being in force concerning the Election of Members of the said House of Representatives, and the Qualification of Electors and Members ; provided that every lUll for any of such Purposes shall be reserved for the Signification of Her Majesty's Pleasure thereon, and a Copy of such r>ill shall be laid before both Houses of Parliament for the Space of Thirty Days at the least before Her Jhijesty's Pleasure thereon shall be signified.
LXIX. It shall be lawful for the said General Assembly, by any Act or Acts from Time to Time, to constitute new Provinces in New Zcalmul, to direct .•md ajipoint the Number of Members of which the Provincial Councils ihereuf shall consist, and to alter the Boundaries of any Pro-
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vinccs for the Time being pxistinj^, iiinl to alter tlie Provisions of tiiis Act und iiny Laws for tlie Time beiufj in force rcspcctuifj ihv IllccUon of Menilx'is of the Provinciiil Couneils. tlio Powers of sucli Coiiucils, and the Distribution of tlie said surplus ilcvcnuo belweeu the several Pro- vinces of Xciu Zealiuiil; I'rovided always, llial any IJill for any of l!.o said PurpoSL'S shall be reserved for the Signilicaliun of Her .Majesty's Pleasure thereon.
LXX. It shall be lawful for Her .Maji>sty, in and by any Letters Patent to be issued under tlie Great S^-al of the United Kinj^ilom, frtnu Time to Time, to constitute and establish within any District ur Districts nl' i\cw Zealaml One or mure Municii)al Corporation or Oiir[ioratii>ns, and to grant to any such Corporatiun all or any of the Powers wiiieli, in pur- suance of the Statutes in that Uehalf made and provided, it is comiielent to Her .Majesty to grant to the Iniiabitaiits of any Town or Dorougii iu Englitnd and Wiilrs incorporated in virtue of such Statutes or any of them, and to qualify and restrict the E.Kercise of any sucii Powers in such and the same .Manner as, by the Statutes aforesaid or any of liieiii, Her Majesty may ([ualify or restrict the K.Kereise of any sucli Powers as aforesaid in England: Provided always, that all Provisions of any such Letters Patent, and all Bye-laws or Regulations made by any sueii Cor- poration, shall be subject to Alteration or Repeal by any Urdinaiice or Act of tlie Provincial Council for the Province in whicli any such ('or- poration may be established, or of the General Assembly, according to their respective Powers hereinbefore declared.
LXXI. And whereas it may be exiiedieut tliat the Laws, Customs, and Usages of the aboriginal or native Iidiabitauts of AVw Znilan:!, so far as they are not repugnant to the general Principles of Humanity, should for the present be maintained for the Government of tliemselves, in all their Relations to and Dealing witli eacli otlier, and ilia' particular Dis- tricts should be set apart within which such Laws, Custom-, or Usages should be so observed :
It shall be lawful for Her .Majesty, by any Letters Patent to be issued under the Great Seal of the United Kinjadom, from Time to Time to make Provision for the Purposes afonsaiil, any Ki'pugnancy ol'aiiy such native Laws, Customs, or Usages to the Law of /:.';i,''/(//i(/, or to any Law, Statute, or Usage in force iu New Zealand, or iu any part thereof, in auj'wise notwithstanding.
L.X.Xil. Subject to the Provisions lierein contained, it shall be lawful for the said General Asseniiily to make Laws for n'gulating ttie, .Sale, Letting, Disposal, and Occupation id' ll;e Waste Lainls of the ('rown in Neiv Zraliiiiil; and all Lands wherein the Title of Natives sliall be e.K- tinguished as hereinafter mentioned, and all such other Lamis as arc described in an Aci of the Session lioldeu in the Tentli and Lleveiith
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Years of Her Majesty, Chapter One hundred and twelve, to promote Colonization In New Zeiildnd, and to authorize a Loan to tlie New Zealand Company, as Demesne Lands of the Crown, shall he deemed and taken to be Waste Lands of the Crown witliin tlie Meaning of liiis Act : Pro- vided always, that subject to the said Provisions, and iinlil tiie said General Assembly shall otherwise enact, it shall be lawful for Her Ma- jesty to regulate such Sale, Letting, Disposal, and Occupation by Instruc- tions to be issued under the Signet and Royal Sign Manual.
LXXin. It shall not be lawful for any Person otlier than Uer Majesty, Her Heirs or Successors, to purchase or in anywise acquire or accept from the aboriginal Natives Land of or belonging to or used or occupied by them in common as Tribes or Communities, or to accept any Release or Extinguishment of the Rights of such aboriginal Natives in any such Land as aforesaid; and no Conveyance or Transfer, or Agreement for the Conveyance or Transfer of any such Land, eitlier in peri)etuity or for any Term or Period, either absolutely or conditionally, ami either in Property or by way of Lease or Occupancy ; and no such Release or Ex- tinguishment as aforesaid, shall bo of any Validity or Effect unless the same be made to, or entered into witli, and accepted by Her Majesty, Her Heirs or Successors: Provided always, that it shall be lawful for Her Mnjesty, Her Heirs and Successors, by Instructions under the Sigtiet and Royal Sign Manual, or signified tlirough One of Her Majesty's Principal Secretaries of State, to delegate Her Powers of accepting such Conveyances or Agreements, Releases or Relinquishments, to tlie Gover- nor of New Zealand, or the Superintendent of any Province, within the limits of such Province, and to i)rcscribe or regulate the Terms on wiiich such Conveyances or Agreements, Releases, or Extinguishments shall be accepted.
LXXIV. And whereas under and by virtue of the said last mentioned Act, and of a Xolice given on the Fourth Day of July One tliousand eigiit hundred and fifty by the New Zealand Comjjany in pursuance of such Act, the Sum of Two hundred and sixty-eight thousand tln-ee hundred and seventy Pounds Fifteen Shillings, with Interest after the yearly Rate of Tliree Pounds Ten Shillings per Cenluin upon the said Sum, or so much tiieroof as shall from Time to Time remain unpaid, is cliarged upon and payable to the New Zealand Company out of the Proceeds of the Sales of the Demesne Lands of the Crown in New Zealand :
In respect of all Sales or other Alienations of any Waste Lands of the Crown in New Zealand in Fee Simple or for any less Estate or Interest (excei)t by way of Licence for Occupation for pastoral Purposes for any Term of Years not exceeding Seven, and not containing any Contract for the Renewal of the same, or for a furilier Estate, Interest, or Li- cence, or by way of Reservation of sucli Lands as may be required for
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public Roads or other internal Commiinicaliong whether by Land or Water, or Cor the Use or Benefit of the aboriginal Inhabitants of the Country, or for Purposes of Military Defence, or aa tlio Sites of Places of Public Worship, Schools, or other public Buildings, or as Places for tho Interment of the Dead, or Places for the Recreation and Amusement of the Inhabitants of any Town, or Village, or as the Sites of public Quays or Landing places on the Sea Coast or Shores of navigable Streams, or for any other Purpose of Public Safety, Convenience, Health, or Enjoyment,) there shall bo paid to the said New Zealand Company towards the Discharge of the Principal Sum and Interest charged as aforesaid, in lieu of all and every other Claim of the said Company in respect of the said Sum, except where otherwise hereinafter provided, so long as the same or any Part thereof respectively shall remain unpaid. One Fourth Part of the Sum paid by the Purchaser in respect of every such vSale, or xMienation : Provided always it shall be lawful for the New /.caland Company, by anj' Resolution of a Majority of the Proprie- tors of the said Company present at any Meeting of such Proprietors, and certified under the Common Seal of such Company, to release all or any Part of the said Lands from the Monies or Payment charged thereon by the said Act or this Act, or any Part of such Monies or Pay- ment, either absolutely or upon any Terms or Conditions, as such Pro- prietors may think fit.
LXXV. It shall not be lawful for the said General Assembly to repeal or interfere with all or any of the Provisions of an Act of the Session holden in the Thirteenth and Fourteenth Years of Her Majesty, Chapter Seventy, intituled ^n Act empowering the Canterbury Axsociation to dispose of certain Lands in New Zealand, or of au Act passed in the Ses- siou then next following. Chapter Eighty-four, to alter and amend the said first mentioned Act ; Provided always, that on the Expiration or sooner Determination of the Functions, Powers, and Authorities now vested in or lawfully exercised by the said Association, the Provisions of the present Act shall come into force as regards tho Lands to which the said Acts relate.
LXXV'l. It shall be lawful for the Canterbury Association, at any Time after a Provincial Council shall have been constituted under this Act for the Province of Canterbury, to transfer to the said Council all such Functions, Powers, and Authorities, and the said Council is hereby empowered to accept such Transfer upon such Terms and Conditions as shall be agreed upon between the said Council and the said Association : Provided always, that nothing contained in such Terms and Conditions shall interfere with the Rights of Her Majesty, Her Heirs and Successors, or of the New Zealand Company respectively ; and from and after such Time as shall be agreed upon between the said Council and the said
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Association llio said Council sliull liave ami be ciilitleil lo exorcise all tlio saiil Functions, Power.-', an<l Authorities.
LXXVII. Notliin;,' in this Act or in any Act, Law, or Ordinance to bo made by the said General Assembly, or l)y any Provincial Assembly, shall afl'ect or interfere with so much of An Act of the Session liolden in the Fourteenth iind Fifteenth Years uf Her Majesty, Chapter Eighty-six, intituled, .'In Jh-l tu rcguldtc Ifie Jjf'ttira o/ certain Settliinciils cstablis/icd bij the New Zealand Company in New Zealand, as relates to the Admini.stra- lion of the Fund for the jniblic Purposes of the Settlement of Aclsuii.
LXXVIII. And whereas certain Terms of Purchase and Pasturaj^'e of Land in the Settlement of O/ayo had been issued by the Nciv '/AHtland Company before the Fourth Day of Jubj One thousand eight hundred and fifty, and the said Terms, or Part of them, were in force on that Day as Contracts between the AVic 'Acaland Company and the Associa- tion of Lay Members of tiie Free Church of Scotland, commonly called the Otas^o Association ; And whereas l)y the Provisions of the said Act of the Tenth and Ivleventh Years of Her ilajesty, and of the said Notice given by the yew Zenland Comjiany, tlie Lands of the said Company in Xcw Zealand reverted to and became vested in Her Majesty as Part of the Demesne Lands of the Crown, subject nevertheless to any Contract then subsisting in regard to any of the said Lands : And whereas it is e.\pcdient that Provision should be ma'de to enable Her Majesty to fulfil liie Contracts contained in such Terms of Purchase and Pasturage as aforesaid :
It shall be lawful for Her Majesty fur that Purpose to make Provision, by way of Regulations to be contained in any Charter to be granted to the said Association, for tiic Disposal of the Lands to which the said Terms of Purchase and Pasturage relate, so far as the same are still in force as aforesaid, and for varying from Time to Time such Regulations, with such Consent by or on behalf of the said Association as in any such Charier or Instructions shall be specified, and for fixing the Boundaries thereof, and for enabling the said Association to transfer its Powers to tlie Provincial Council for the Province of Otago : Provided always, that no such Charter shall bo granted or have Effect for any longer Term then Ten Years from the passing of this Act ; but one of Her Majesty's Principal Secretaries of State may at any Time during the Term for which such Charter shall be granted, by ^y^iting under his Hand, exiend the Term for which such Charter shall have been granted for such further Time as in his Discretion he may think fit : Provided always, that it shall not be lawful for Her Mnjesty, by any such Regula- tions as aforesaid, to diminish the Sum now payable to the New Zealand Company in respect of all Waste Land sold under the said Terms of Purchase, unless with the Consent of the Xcw Zealand Company signi-
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fioj ag liorfinbolbn! lU'oviilcd; and iliiring tlio Continiianco of such CImrter as al'orosiiid, it sliall not bo lawl'iil lor tlio said CJeneral Assem- bly to repeal or iuteil'iM'c with any -•iicii Regulations rcspectiiifj Lands in (Jtdi^o, except with sucli Consent by or on behalf of the Otui^u Asso- ciation an in any such Charter or Instructions may l)o provided, ami (so far nj; the IViyhts of .\eir Zealand (Jompany may bo airectcd) with the Consent of sucii Company sig-nilied as hereinbefore ju-ovided ; and every I'ill which shall repeal or interfere Avitii any such Regulations shall be reserved for tlie Signification of Her Majesty's I'leasure thereon.
liXXIX. It shall be lawful fur Her Majesty, by any such Letters Patent as afore-iuid, or Instructions under Ibr Majesty's Signet and Sign Manual, or signilied through Ones of Her Majesty's Principal Secretaries of State, to delegate to the (Jovernof any of the Powers hereinbefore reserved to Her Majesty respecting the Removal of Super- intendents of Provinces and the Regulation of the Sale, Letting, Dis- posal, and Occupation of Waste Lands, the Establishment of Municipal Corporations, and tlie Preservation of aboriginal Laws, (Customs, and Psages.
LXXX. In the Cou-truction of this Act tlio Term " Governor' shall mean the Person for the Time being lawfully administering the Govern- ment 0^ New 7A'tiliiiid; and for the Purposes of this Act '^ New Zeitlund" shall bo hebl to include all Territories, Islands, and Countries lying between Thirty-three Degrees of South Latitude and Fifty Degrees of South Latitude, and One hundred and sixty-two Degrees of East Longi- tude and One hundred and seventy-threi' Degrees of West Longitude, reckoning from the Meridian of Greenwich.
LXXXI. This Act shall be proclaimed in New Zealand by the Gover- nor thereof within Six Weeks after a Copy of such Act shall Iiavo been received by such Governor, an<l, save as herein expressly provided, -hall take elFect in New Zealand from the Day of such Proclamation thereof.
LXXXIL The Proclamation of tliis Act, and all Proclamations to bo made under the Provision thereof, shall be published in the New Zealand Government Gazette.
SCHEDULE referred to in the foregoing Act.
Governor, £2,500
Chief Justice, 1,000
Puisne Judge, 800
Establishment of the General Government, 4,700
Native Purposes, 7,000
£ 10,000