SECTION IV.

SYSTEM WHAT-NEW ZEALAND

EXCLUDED-PROVINCES

CLUDED-BRITISH NORTH AMERICA

IN

AUSTRALASIA-SOUTH AFRICA BOUNDARIES AND EXTENT OF PROVINCES - OBJECTIONS STATED AND ANSWERED-THE UNITED LEGISLATUREFORM OF LEGISLATIVE-ADMINISTRATIVE-JUDICIAL-POWERS OF LEGISLATURE-POWERS OF THE ADMINISTRATIVE BODY POWERS OF JUDICIARY SKETCHED.

From the explanation which has already been given, the reader must have seen that I contemplate something more than the existence of one single colony-something more than the existence of several separate colonies. It so happens that the three divisions of our colonial possessions, of which mention has before been made, are all in different states of advancement, and surrounded by very dissimilar circumstances; but they resemble one another in one particular: they are all so large as to require to be divided, and yet so compact in themselves as each to form one complete country. I shall have, therefore, hereafter to advert to what I may call the peculiar political condition of each, but I now proceed to give a description of the circumstances and arrangements which are and may be made common to them all, and which, indeed, result from that common property of vastness of which I here speak.

as will be seen by a table placed in the Appendix, and marked (C). A perusal of this report excites in my mind two feelings-one, of painful humiliation-the other, a hope that we also, though it be late in the day, may labour in the right way; put down sectarian opposition, and educate our people in spite of all opposition, whether of interest or ignorance.

It appears to me that New Zealand, on the contrary, is not of a size to need more than one PROVINCIAL government. Though there are three islands, yet the two southern islands are only nominally divided, if I may so speak. The strait of the sea which divides them is so narrow as easily to be bridged, and the two islands are no more divided than Middlesex and Surrey-certainly not more than the Isle of Wight and Hampshire. Cook's Strait, which divides the northern island from the others, is a more marked division, and really separates the islands. The strait, however, is not so wide as the Irish Channel, and now, when steam makes the two shores as near, in fact, or perhaps nearer, than two places on land at the same nominal distance, we need not adopt institutions which, in spite of every precaution, induce a notion of separate interests. We have all of us seen the evils arising from the existence of an Irish, as distinguished from an English legislature. We ought to take warning by that experience, and not plant England and Ireland anew, with a channel between them, in the southern hemisphere. The people who are destined to inhabit those countries will speak the same language, they will enjoy the same institutions, they spring from a common stock, and, while they remain colonies, will probably be subject to the same metropolitan dominion. The institutions which I have already described would be amply sufficient for the good government of this country-the parish, the township, the county organization, will provide all needful security, and so soon as the united population amounts to the number requisite, the islands will constitute a PROVINCE, and have a legislature which will fairly represent the whole country,

and be able completely to govern the people. What I am, therefore, now about to describe in no measure applies to the islands called New Zealand.

British North America, Australasia, and South Africa, are in a very different condition. These are enormous portions of the globe-centuries may pass away, not only before they are settled, but before they are even marked out into colonies-before they are in my language even SETTLEMENTS. Take Australasia for example, as I have before described what I mean by that word. The territory thus designated is as large as Europe: already we have planted several colonies within it. There are already existing therein Sydney, Van Diemen's Land, South Australia, Port Philip, Western Australia, and Swan River and lately a new colony north of Sydney, intended to be called, I believe NEWCASTLE, has been established. My present plan contemplates, not only the union of these several colonies into one federal community, but also the reception into that union of all such colonies as may hereafter be formed, and become provinces within the territory called Australasia.

So, also, British North America is so vast as to require to be divided. Already, within the territories denominated British North America, several colonies have been formed, and, indeed, communities exist within them, which, though consisting of descendants from Europeans, subjects of England and Christian people, yet are really subject to no one of the governments which have been established by us in British North America, but are at this moment left to take care of themselves, without law, and without any organization. The consequences of such a state of things must be in the highest degree

dangerous and mischievous. The provinces are Canada, Nova Scotia, New Brunswick, Prince Edward's IslandNewfoundland. The bands of people without laws are within the territories of the Hudson's Bay Company, and on the Pacific, north of the Columbia River.

South Africa is likewise so extensive as to need division, and already several colonies exist there: the Cape of Good Hope, and Natal, &c.

These are three separate divisions of territory lying far apart upon the globe: they can never in any way be united, though they are subject to one metropolis. Each division, indeed, may by England be treated in the same way, and according to the same rules-as I shall immediately endeavour to show-but though they be treated in the same way, and may become each a system, still each will be a distinct and separate system. I am about to contemplate them as three separate Federal Unions.

Taking them one by one, I propose that all the colonies in each of them, formed and to be formed, shall be united into a SYSTEM. There will thus be three Systems:-1. The SYSTEM of British North America; 2. The System of Australasia; 3. The System of South Africa.

As in each of these territories a new SETTLEMENT becomes a PROVINCE, I propose that, after proper steps are taken, it shall be admitted into the SYSTEM to which it belongs, and form a Province of that Federal SYSTEM.

As a preliminary to this scheme, and as a preparation for it, the question of what should be the extent of the several PROVINCES which are eventually to be thus united, should be carefully considered. The United

States, which have become, by a fortunate chance, united into one Federal Union, vary greatly in size; and, by this variation, are subject to many difficulties, which, by forethought, might have been avoided. When the colonies were originally planted, all sorts of blunders were committed. Virginia was planted under a charter that gave her a territory almost without limits. As we have already seen, when in 1783 she had established her independence, her boundaries were not settled, and were about to become, not merely a subject of dispute, but not improbably of war. The various charters given by our kings invaded the territories of each other. The charters of the Kings of France encroached on territories ceded by the charters of the Kings of England, and vice versa. The boundaries of New Hampshire were the cause of actual litigation; and we shall live to see much perplexity and mischief arise from the want of precision and accuracy in the description given of our separate colonies in British North America. Between the Canadas and Hudson's Bay, no properly defined line exists. The western and northern limits of Upper Canada have never been stated. The stations north of the Columbia have no boundaries-all is confusion; and mischief must arise, unless an act of parliament shall prudently, and before disputes have arisen and interests sprung up, carefully set out the limits of each colony. At present, there are no difficulties except physical ones. If the matter be neglected, population will advance, and the different colonies will find themselves disputing as to the limits of their several jurisdictions. Nova Scotia and Canada will quickly begin to feel this difficulty. The railroad proposed to be made from