The Express.
London, England, 1851-01-28 00:00:00

gite ergortoo.

TO CORRIMPONDENTS.
Mowrelmooublawmlol kr .. ma MIMM" LAMM Twain; PIM.
tart lw al IM ghla." I*, 110•Tediditrift. b Two o'olook us Ow
iloy et pbalowWw.

RIGS WATER AT LONDON BRIDGE.
Tap Das—Motaisc I Ih. 22...—....A11enr" 1116 Na.
11Fraaso. M. On. ......./hrinrss.

LONDON, TUESDAY, JANUARY 28.

Ms appointment of Mr. STDMIT Buz to the
meat puuc, jegeship of the Cape of Good Hope,
at a time wh. n the elevation of Mr. BRAND, the
learned heed o the heal bar, to its bench was almost
universally dte:red in the settlement, and was looked
forward to as a test of Lad GRZT'S disposition
towards the cll^ny, is, we most say, an unfortunate
reep,,isio to the first wish t xpres-ed by the colonists
in their appeal from their local to the imperial go-
veromeht—to overlook and forget the past and all its
pooderoue err... is—to avoid discussion as to who may
have been richt, who wrong, in the succession of
Care outbreaks that have brought inch heavy En on
the cqlony generally, and such deep 'modal on its Fo-
remast:oo lasso to posterity and to history decision
and jail:intent tia their anti-c invict proxediors—and,
through a frier 'ly sittlement of present differences,
to secure the means of a loyal, a prosperous, and a

dependent future.
But although this is their strongest desire, and was,
it is and-rstood, their fore most instruction to the two
gentlemen appointed to represent them to the home
government, and although it will be entirely the fault
of the Colonial-office if its enormous bygone ewers be
again made the subject of public or parliamentary
discuseion, it is scarcely possible for us here in Eng-
land securately to c =prebend the question now at
issue between the Cape colonists and the Cape go-
vernment, without having a general notion of the
progress of gov.-rnment in South Attica.
From 1806, when, after having restored the Cape to
the Dutch at the peacoat Amiens, we retook the colony,
down to 10430,its I- cal government was so far despotic
as to b: rrup.nsible only to the Culonial-offioe. I a
gore more, %Molded by councils, were its law makereand
law odesinistrators. When, however,from 1819,a et ream
of British immigration poured into the settlement,
this form of government, which the Dutch, thee feel-
tag themselves to be a conquered race, had cared little
about, became oppressive and repressive to colonists
whose minds were imbued with a sense of liberty even
higher than that they had left behind them; they ac-
cordingly evi,ced by their conduct their traditional
hostility to the abenistiss that surrounded them;
they spike freely of it; they attempted to print freely
about it. That attempt brought on a crisis; the free-
dom of the prcrie was assailed by the colonial autho-
rities; its conductors toe:cup-in appealed to the im-
perial goverment ; and owing very mach to the exer-
tions of Mr. ALEXANDRA BARING, afterwards Lord
ASHBURTON, Mr. iirokliSON, when colonial mere-
tory, lsid the foundation of the Cape's future fret dma
by placing its press beyond the control or interference
',arbitrary government..
The press, having gained freedom, set resolutely
about diffusing and extending political information ;
so succesefully, that ere the lapse of five years, the
despotism of the Cape government gave way, and the
Colonbil• office in De 30 root out to the eulogy a delu-
sive cooititution to replica absolute authority. Under
it, hi/W.l'lon was confided to a council of thirteen
'perilous.; oven ernsasti,.g of they chief executive
functional ies ; six of colonists to bo nominated
by the governor, who in its proceedings possessed
two votes. The official members being all bound
to vote with tbu governor, he (bi their votes) had a
permanent and continently attending majority, sad
arr. in lay the delusiou of the constitution of 1830.
To 'mitigate its crossness, however, it was provided
that to constitute a clued!, the e xi-t, lice, not the
attenet.tice, of three non-official members should be
summary; a provision which in its earlier career was
e matter of no difficulty, though now it has become
the (+fel security of the colonists.
Such a legislative council soon turned out to be a
mew machine for clothing arbitrary power in the
garb et constitutionalism. Its proceedings were
conducted in secrecy ; until one day a body of the
eolonists knocked at its doors and asked for
admission ; wherenpor, with equal cowardice
and falsehood, they were told that the doors had
never been closed. l'ublicity brought its natural
reset.,; the press reported the proceedings; the non-
official members of council grow unpopular; their
unpopoliriey soon made them conscious of and dis-
gusted wine the mockery of their position ; resigna-
tions took place; new members grew scarcer and
scarcer ; the colony was ransacked for men who would
assume responsibility without enjoying the power of
doing good ; it became more ant more difficult legally
to constitute a council ; and thus the constitution of
1810 stumbled on a source of annoyance and per-
plexity to the governor, even though all powerful
under it, of irritation, alienation, opposition, and agi•
talon to the colonists, and of small real benefit to the
colony.
8n all brnefit we my ; for in the years 1830-50
there arc undoubtedly some measures of real service
which popular discus.ion and agitation forced on the
adoption of the legislative enticed; and they - -
form the foundation whereon to erect something
rational and stable than the constitution of 1830. For,
in the midst of all their struggles and difficulties the
liberal .party in the Cape never lost sight of laying
down a broad and comprehensive educational system,
of connecting Cape Town with the distant provinces
by means of good roads, of placing these roads and
ether local affairs under the protection of local mini.
sipalities; sad of at least substituting a policy in the
treatment of the Coffees, for the ignorance, vacillation,
and raithirmneas that I.ad previously characterised
the dealings of the local government towards that
race. And in all these great and important objects
May have been more or less suceesefal.
Calling in the aid of Sir lons Hrasatett, an
educational system is now in operation throughout
the colony such as the mother country might envy;
by its means the rising Dutch settlers have almost '
universally learnt English, and become English in
feeling; the Hottentots, the rewrote, and the Malays
have to-en elevated to intelligent labourers, and the
differences of races are perhaps less felt in the Caps
than in any other country where they prevail By
means of public works, municipalities have been or-
ganised, and are accustomine the inhabitants to that
most precious of all arta—the art of self-government.
Posts are established between the seat of government
sod all the twenty-one provinces; inns are now
to be found on all the newly-constructed roads;
every village has its school ; not an interior town or
part but has its journal and its bank; the export of
wool is doubling every three years, and improving
even more rapidly in quality and trade and military
roads arc penetrating into the distant Orange Soso-
reigaty, where already a future capital is founded.
Well, before this intellectual, social, political, and
material progress, the delusive constitution of 1830
has given way, lust as absolutism did before free die-
enesion. It had for years been going; it has at last
It had long been growing neater and weaker,.
is 1842 Lcrd STANLEY mule, in his famous despatch
dated April 15, a desperate effort to pat it firmly on
he legs again, in vain ; his arguments to prove that
flee Cape was not fit for an elective system of govern-
ment only convinced the colonists more firmly than
before that to be safe, they must have one; and,
when Lord Om assumed the weight and the toe-

tare of colonial affairs, it had become spparent that
the legislative con cil would tumble to pecks on
ofe very firs shake. S accordingly ,on the 2nd
November,t 1816, he bido, Sir HARRY Suteit turn
his attention to the collection of sheletiele for eon-
structieg semethieg better rend more etable.
It is a simple se: f pis ire to sey shot neither Lord
Gaze nor Sir HARRY Smut MmVinbited any
attachment to the cocetitution of 1830, Which Lord
STARLET souebt to perpetuate; stkeiLwhen the Chief
at home and the Chiet in the colony condemned it,
that constitution had rot, we may be sure, many
friends in subordinate functionaries. Accordingly
HARRY, in July, 1848, was able to seed Earl GREY
home minutes from Chief Justice WILDE, from the
late excellent Jostles Masztze, from Mr. Justice
Mosnaeve, from Attorney-General Powza, from Se-
cretary MONTAGU (en excellent administrator, but tin
arbitrary legislator), from Mr. Tressunir RIVERS,
and from Mr. Auditor FIELD, all equally condemna-
tory of it, and in various degrees contributing a host
of suggestions towards an elective substitute.
These documents Earl GREY referred to the consi-
deration of a committee of the Privy Council at
home ; and in January, 1830, it made en elaborate
report to the QUEEN, also condemning the old consti-
tution, preparing the outlines of a new one, and re-
commending that the details should be filled up in the
colony. On this rep ort EMI GREY acted without TO-
servatios or hesitation. The day after its presenta-
tion to the QUEEN he despatched it with his vene-
tian to Sir HARRY SMITH, promising to forward the
necessary letters patent from the crown to enable the
Legislative Council to act upon it, and directing him,
in the meantime, to prepare for the consideration of
that council the details as to the machinery of elec-
tions, the franchise, and other particulars of that sort.
S.x months previously, however, in July, 1849, a
crisis had occurred in the career of the Legislative
Conseil. Five out of the six non-official members
had resigned, and Sir HARRY SMITH found the very
greatest difficulty in procuring any parlous, compe-
tent or incompetent, who would consent to succeed
them. At last he was able to re-compose the council.
But scarcely had he done so, when the unfortunate ship
Neptune with its cargo of convicts appeared in Simon's
Rey. In the pacific rebellion that followed, the Legible-
tiers Council was again dissolved by the resignation ct
fire nos-official members ; and on the arrival of the
QUERN'S letters patent empowering the council to
frame, within certain limits, a constitution, Sir HARRY
SMITH was reduced to this dilemma—no one would
accept at his hands the vacant seats in the Legisla-
tive Council.
Sir HARRY, who is full of fine points of character,
met this emergency like a frank and generous
soldier; he asked the colonists to recommend,
by election through their municipalities, five gen-
tlemen in whom they had confidence; and these
he would appoint their nominees. The colony
responded to this request; and of the five so recom-
mended, Sir HARRY SMITH appointed four, viz., Mr.
FAIRIAIRS, Sir ANDREAS Srocitutsraom, Mr.
BRAND, and Mr. Mere.
Thus the Legislative Colleen was re-constituted; it
met; the letters patent were opened and read; the
wise liberality of their contents at once surprised and
delighted the popular representatives. They then
requested the officiel members to lay before the
council those details of which Earl GREY, by his
despatch of 31st January, 1850, bad directed the pre-
paration ; when it appeared that the colonial govern-
ment had no details to offer, and that Lord GREY'S
instructions bad been neglected.
'this omission, not unnaturally, created suspicion
es to the a ocerity of the official members of council.
However, the Report of the Privy Council was taken
into consideration; some progress was made, not always
in a liberal sense, towards the preparation of details:
in short, the work was seriously and earnestly, if not
quite matisbutorily in hand,when down came Sir HARRY
buten one morning; and, throwing seven draft ordi-
nances ;on ordinary subjects of legislation, but none
of pressing importance, requested that the considera-
tion of the constitution might be suspended until
those ordinances, one at least of which seems to have
been a gross job, were pulsed.
To this strange request the four popular representa-
tives a: once demurred; they had been chosen speci-
ally to enable the Legislative Council to prepare the
constitution ; an 4 to its preparation they resolved to
limit their labour, in the council. Sir HARRY pressed
his draft ordinances; they resisted ; days were spent
in fruition discussion; on divisions the official mem-
bers left the popular members in a minority ; until,
at last, wearied out by official pertinacity, and seeing
that they had as a class no real power, the four
popular members, amidst the applause of the
coluny,re.igned ; theLegislativeCouucil thereby again
ceased to axis'; and how it is to be resuscitated
heaven only knows.
Hiving resigned, the four popular representatives
assembled in the Town-hall of Cape Town ; and there,
surrounded by a sympathising, attentive and orderly
audience, proceeded with the deliberations which bad
been so mischievously interrupted in the council
chamber. '!'hero they prepared sixteen articles as
the beads of the proposed constitution within Lord
GREY'S limits; submitted them to the colonies gene-
ally ; and by at least seven-eighths of the entireporn
lation they have been approved and sanctioned.
These articles were published in the Express some
time since, and it is to advance the propositions
therein contained —to assist in forming a
constitution for the Cape on their basis—and
thereby to carry out the QUEEN'S letters patent, that
Mr. FAIRSAIRN his already been sent over by the
colony, and that be will soon be followed by Sir
ANDREAS STOCEENSTROM. in deputing these two
gentlemen, one great objet' of the colonists has been
to be assured that the Colonial Secretary fully under-
stands their wants and wishes ; for there is a belief
in the colony that wants and wishes so reasonable, so
legal, and so compatible with continued dependency
and connexion, will not be refused or rejected by the
Quarles government, if it be fully and fairly in-
formed on the subject.
The attitude into which Sir HARRY Saint and
Mr. Secretary Mosereou (whose`, services to the
colony we do not wish to disparage, even when con-
demning his recent conduct) have forced the colonists,
has been deliberately and solemnly wanted. A free
parliament of their own they are resolved to have : if
possible, generously conceded by Earl GREY; if not,
extorted from him. And until a free parliament they
have, ordinary legislation, under mockery of 1830,
they are determined shall not be inflicted on the
colony.
now

WE have heard rumours of what the CHANCELLOR
of the F.:minium may do, if he can persuade parlia-
ment to share hie views. Nothing, howevet , is certain.
But if even more than a million as to be given up, to
get rid of the window duty, there is stills margin
Left to deal with certain articles of customs and excise.
Tea, we could dilate upon, and certainly the
temptation to reduce the duty on it, might
tempt any financier that seeks to rival the
fame of Pen.. The Excise, however, is full
of crying injustice, and we really cannot allow the
wagon to open without recapitulating aid pointing
out some of its most crying abuses.
-•

Let us take, for example, paper and soap, the duties
on which, though they do produce upwards of half a
million, nevertheless contain all that is objectionable in
taxation. They weigh on articles of plies necessity, they
are most vexatious and inquisitorial in their opera-
tion, injurious to the manufacturers, directly en-
couraging to fraud, highly expensive and trouble-
some to collect, they are injurious to our foreign
trade: they both circumscribe the profitable employ- ,
ment of the labour of the people ; they both together
produce the government an amount of revenue which is ,
quite insufficient to warrant excise restrictions upon
manufactures each as those which the collection of
these duties of necessity entails. These duties are also
meat unequal in their operation. They both fall in
the largest &pee upon those who can least afford to
pay. them. The duty. upon paper being levied according
to its weight, falls in the largest proportion upon the
coarser sorts of paper*, a Inch, whilst they' are the
lowest in value, are of necessity the heaviest. The
d upon soap being levied without reference to
gnality 'falls of course with the greatest weight upon
tthose soaps which are lowest in price, and which are
maimed by those who can least afford to pay the
ditties at all, and to whom the use of soap is of the
greatest importance both for the preservation of
health and the encouragement of cleanliness.
L That thee, two duties are most oppressive upon
t bade we will prove by an unquestionable fact.
. Whilst the consumption of both paper and soap has
L been increasing in this country, the number of the
, makers of both articles has been rapidly diminishing.
Take the paper manufacture. The following is an