THE NEW ZEALAND BILL.

ALTHOUGH the Bill, entitled "a Bill for the Provisional Government of British settlements in the Islands of New Zealand," received its deathblow on the 20th June, in the attempt to read it a second time in the House of Commons, we cannot refrain from commenting upon this strange attempt at legislation, which shows that men actuated by the best and most philanthropical motives cannot be entrusted with the framing of laws.

The project which, in its naked outline, was calculated not to excite alarm, but on the contrary to conciliate support, originated with an association, its acting committee comprehending highly respectable individuals, whose object was to effect a settlement in New Zealand, with a view of civilizing and evangelizing the natives. It was proposed to treat with the New Zealanders for the cession of part of the country, upon terms which would furnish them with protection against the evils to which they are exposed from adventurers and runaway convicts, and with the instruction and example which would expedite their progress towards civilization. The views of the association were developed fully in a work, of which we gave a brief notice. The project subsequently met with violent opponents, but nothing could tend more to weaken public confidence in the judgment of those who have undertaken to manage the affairs of the association, than this Bill.

The preamble of the Bill is as follows:

Whereas the foundation of British settlements in distant lands, according to a wise and just system of colonization, must conduce to the advantage of this populous and commercial kingdom, and to the honour of her Majesty's crown: And whereas the group of islands in the southern ocean, commonly called New Zealand, consisting of two principal islands, together with several smaller islands adjacent thereto, are well adapted for the purposes of such colonization: And whereas many British subjects have fixed their residence in the said islands, some of whom have acquired considerable property therein, and the number of such British settlers is continually increasing; and the said islands have become much frequented by British and other shipping, whereby a regular and increasing trade and intercourse are carried on therewith: And whereas there are not in force within the said islands any laws for the protection of life, liberty, or property; by reason whereof, many unjust and wicked acts have been committed with impunity therein, and the native inhabitants thereof have been grievously injured: And whereas it is seriously apprehended, and has been represented to her Majesty by divers of her Majesty's servants exercising authority in the South Seas, that unless measures be adopted to prevent the evils occasioned by the present state of intercourse between her Majesty's subjects and the native inhabitants of the said islands, the said native inhabitants will continue to diminish in numbers, and will, in all probability, be shortly exterminated: And whereas divers of her Majesty's subjects now in Great Britain, and possessing among them considerable property, are desirous of embarking for the said islands of New Zealand, for the purpose of settling in such parts thereof as the native inhabitants may be willing to cede to her

See Vol. xxiv p. 279.

Majesty, provided that adequate protection be secured to their persons and property within such territories as may be so ceded therein; and that all waste lands which may be lawfully ceded to her Majesty therein, be disposed of to settlers by sale only, upon a sound and uniform system; and that the purchasemoney thereof be employed principally as an emigration fund: And whereas others of her Majesty's subjects are ready and willing to advance considerable sums of money in order to the foundation and maintenance of settlements in the said islands, upon condition that the government thereof be confided provisionally to commissioners specially appointed for that purpose, with the approval of her Majesty in Council; and that the waste lands therein be disposed of, and the purchase-money applied in the manner aforesaid: And whereas it is expedient that her Majesty's said subjects, being so desirous, should be enabled to carry their said laudable purposes into effect, and that sufficient powers should be granted to enable just and equitable treaties to be made with the native inhabitants, for the purchase and cession of lands in the said islands, and in particular it is desirable that law and government should be duly established within the said islands, not only for prevention of the many evils arising as aforesaid, from the want thereof, but to the end that the native inhabitants may, for the future, be preserved from injury and wrong, may be instructed in the knowledge of religion and the useful arts, and accustomed to the manners of social life, whereby, under the favour of Providence, colonization will be the means of diffusing amongst them the blessings of Christianity, and promoting their civilization and happiness: Be it therefore enacted, &c.

The Bill then proceeds to appoint the individuals composing the Committee of the Association before-mentioned, and their successors in office, "Commissioners for Settlements in New Zealand," with powers which, as they were gradually unfolded in the successive clauses, struck us with astonishment. The Commissioners are empowered to make and enter into such treaties or contracts as they shall deem expedient, with any chiefs or inhabitants of the native race, or other competent persons, in the islands of New Zealand, for the cession to the crown of any sovereign rights, territories, or lands within the islands, and declare such territories British settlements, divide them into districts and give them any names they think fit. The Commissioners may enter into such treaties or contracts with native chiefs or others, having competent authority, as they shall deem necessary, in order to enable them to exercise a criminal jurisdiction for the trial and punishment of offenders, and for the seizure of runaway convicts, or other criminals or offenders against the laws of Great Britain, or of the said British settlements, within any parts of New Zealand whereof the sovereignty shall not have been ceded; and also to enable the Commissioners to make regulations for the trade, navigation and intercourse between the inhabitants of the settlements, or other British subjects, and the native inhabitants in the Islands whereof the sovereignty shall not have been ceded, and to enable the Commissioners to regulate all other matters affecting the relations between the inhabitants of the settlements, or other British subjects, and the native inhabitants of any parts of the Islands whereof the sovereignty shall not have been ceded, or in anywise touching their interests or affairs respectively. The Bill, indeed, provides

that copies of the treaties so made shall be laid before the Privy Council and Parliament, and that no such treaty or contract shall be valid unless made with the free will and full consent of the native parties thereto, and publicly ratified, in the presence of a protector of the native inhabitants: but this is a feeble and flimsy security against wrong.

The Bill goes on to enact, that the government, as well legislative as executive, civil and military, and for all purposes whatsoever, of all territories within the said Islands whereof the sovereignty shall be ceded to her Majesty or to the Commissioners, shall be vested in the Commissioners and their successors in office; and they are authorized to make all such laws, institutions, ordinances and regulations, and to constitute such courts of justice and judges, with such civil and criminal jurisdiction, and to appoint all such public officers of every description, as to the Commissioners shall seem necessary for the peace, welfare and good government of her Majesty's subjects, as well as of all persons of the native race, and others within the said British settlements; and, in so far as they shall be in that behalf specially empowered by her Majesty, and not otherwise, to pardon all offences, and remit all fines within the settlements, either freely or conditionally, as to their discretion shall seem fit; and also to admit, by naturalization or otherwise, all aliens within the said settlements to the rights of British subjects therein, subject to such conditions as to the said Commissioners shall seem fit: and the said Commissioners may make such temporary and exceptional laws as shall appear to them adapted to the uncivilized state of the inhabitants of the native race, who shall not be obliged or required to obey or be subject to the general laws of the settlements and the Commissioners are authorized to impose such customs and other duties, taxes and assessments, as shall to them seem necessary for the foundation and government of the settlements, and for all public purposes, as well as for defraying the expenses of the Commissioners, and the costs incurred in carrying this Act into execution. Here is the perpetual sovereignty of the country delegated to the Commissioners, almost without control.

The Commissioners are further empowered to appoint such person as they may think fit to be "the Council of Government" for the settlements, to negociate, make and enter into treaties and contracts; all and any of whom they may remove," at their discretion," and appoint others in their stead. The Commissioners are to regulate the rank and precedence of these councillors, as to them shall seem meet," and to prescribe the duties of their office and their procedure therein; and the Commissioners may delegate to such Council, or to any of the members thereof, such of their powers and authorities as they shall think fit, under such circumstances as they may direct, and may revoke or vary such delegated authority, and act as if no such delegation had been made.

Without the means of enforcing its authority on the spot, these large powers would be inoperative; but the Bill empowers the Commissioners to provide for the defence and protection of the said settlements, by raising and maintaining either such a colonial corps or militia, consisting of such

number of effective men, or such police force, or by equipping and maintaining such armed vessels, manned with such number of men, as to the Commissioners shall from time to time seem expedient; and the Commissioners may establish and enforce such articles of war and martial law, for the military or naval forces, or for the protection and peace of the settlements, as the Commissioners shall deem necessary.

The Commissioners are empowered to sell all the lands of the settlements to British subjects" at such price as the Commissioners shall from time to time deem expedient;" and the purchase-money and rents of lands, after reserving one-fourth for local improvements, are to be divided into two parts, the "purchase fund" and the "emigration fund;" the former to be employed in the fulfilment of treaties and defraying expenses incident thereto; and the latter to be applied to the costs of conveying to the settlements labouring persons as emigrants.

The Commissioners are required to set apart and reserve a portion of the ceded lands, for the benefit of the native owners and their descendants. After proclamation of the Act in New Zealand, no title can be acquired to any lands there by any individual other than natives from any of the native inhabitants, by purchase or otherwise. The Commissioners may appoint and remove at pleasure (subject to the approbation of the Crown) a "Commissioner for Native Titles," to inquire into and determine claims to lands or hereditaments in the islands.

These are some of the most prominent features of this extraordinary Bill, the framers of which could expect it would pass only by calculating on a degree of apathy in the two Houses of Parliament, which would be a betrayal of their duty. There can be no doubt that such powers, lodged in hands where abuse would be impossible, might furnish an excellent corrective of the evils attending the present intercourse between the settlers and visiters in the Bay of Islands and the aborigines; but no man in his senses would speculate upon such a condition. The granting of powers like these would invite their abuse.

The projectors of this extraordinary law, it appears, complain that her Majesty's Government lent their sanction to it at the outset. If this be the faet (though it is denied on the part of the Government), it shows gross negligence or culpable design in those who have the direction of our colonial affairs. Perhaps they were lulled into security by reliance on the character and motives of the Association Committee. Public jealousy is now so much roused, that we doubt much whether Parliament will entrust them with any powers at all.

Asiat.Journ. N.S. VOL.26.No.103.

2 I

Miscellanies, Original and Select.

PROCEEDINGS OF SOCIETIES.

Royal Asiatic Society.-This Society held a general meeting on the 26th of May, at which the Right Hon. Holt Mackenzie took the chair.

Josiah Heath, and F. C. Brown, Esq., were elected resident members. Richard Wood, Esq., of Constantinople, was elected a corresponding member. A paper was read by Professor Royle, on the subject of Caoutchouc, or Indian Rubber. The professor observed, that this substance, which but a few years since was used for nothing more than for rubbing out pencil-marks, was now, from the valuable qualities it possessed, applied to a great variety of purposes; such as rendering cloth impervious to water; for elastic belts and ropes, and bands for machinery; also, for paints and varnishes, and new applications of it to the arts and purposes of life were every day being discovered, as might be inferred from the great increase which had taken place of late years in the quantities imported into this country.

It is said that the Chinese had an early knowledge of Caoutchouc ; but it does not appear that that circumstance had any influence on its discovery in other parts of the world. The earliest record of it in England was by Dr. Priestley, who mentions it as being extremely useful for erasing pencil-marks. Condamine, the French traveller, in a paper read before the Academy of Sciences, at Paris, in 1745,states that the resin called Cahuchu (Caoutchouc) is produced in the forests of Quito, and is used by the natives for making boots, bottles, &c. According to Humboldt, it had long been known to the Peruvians.

Botanists, in describing the tree from which Caoutchouc exuded, had unfortunately given different names to it; but it is now generally admitted to belong to the family of Euphorbiacea. It is also furnished by other tribes, as those containing the fig genus. It may be expected to be procured in all parts of the world where there is a high temperature; and particularly when that is combined with moisture, as in tropical forests. It is now imported from South America, Vera Cruz, Sierra Leone, Java, and Penang. It is abundant in the northern parts of India; and the paper read chiefly referred to the probability of its becoming an extensive article of commerce with that country. Dr. Royle stated that he brought forward the subject, at the suggestion of the Right Hon. Chairman of the Committee of Agriculture and Commerce, in order to show the Society in what way the investigations of the committee might tend to make better known here the natural products of our Indian empire; and to prove to the natives of India the riches they possessed in the least suspected substances. Dr. Royle's first attention to the subject had been elicited by a visit to the Elastic Web Manufactory of Messrs. Cornish and Co., where he learnt that there was a considerable difficulty in procuring a sufficient supply of Caoutchouc, except at a greatly advanced price. In consequence of this information, he was induced to write out to India, instituting inquiries relative to its production in that country. The replies he received were most satisfactory, and fully confirmed his previous anticipation that an inexhaustible supply could be procured from thence. Dr. Royle read the letters referred to; and remarked, he had since discovered, that ten years previous to this, Mr. George Swinton, formerly Chief Secretary to the Bengal Government, had, among other little-known products of India, sent home to Dr. Brewster, and the Royal Society of Edinburgh, a specimen of Caoutchouc collected in the