The Sun.
London, England, 1849-06-05 00:00:00

ObielliTtaflL

LONDON, TUESDAY, JUNE 5, 1849.

Leave to bring in a measure of singular importance
was last evening demanded of the Commons by the
Under- Secretary of the Colonies. According to the
explanation of the projected Act given by Mr.
HAvvE3, it will, if carried into effect, bring about a
very considerable improvement in the government of
Australia. Even Mr. GLADSTONE, though averse to
many of the projected alterations of the Administra-
tion, could not but acknowledge that the Bill alto-
gether gave considerable promise of an advance
in our colonial legislation. At a period when,
otherwise, the Cabinet indicates a disposition
not very far removed from that of administrative
stagnation, such a measure as the one here explained
by the Under- Secretary of the Colonies cannot but
be most welcome to the community at large and in
an,especial manner to the inhabitants of Australia.
Of such objections as the one raised by the Hon.
Gentleman the representative of Christchurch we
shall make no account whatever. That a mea-
sure of this description is in any degree prema-
ture is altogether beyond the credence of those
:who have studied the rise and progress of our
most interesting settlement—in itself almost a con
fluent. The only fact which is more conspicuous than
another, on the face of such an improvement, is, that
so far from being premature, the scheme has been a
gre7t deal too long procrastinated. Never:holess, in-
stead of wrangling over the tardiness or the precipi-
tation of the measure, it is the interest of every well-
wisher of our Australian Colonies to push forward
the project without any further delay, so that the
present generation may reap-the =advantages of the
change as spOilily as is practicable.
As to thetprecise nature of the plan proposed by
the ruling. Government nothing further remains to be
said in explanation after the lucid and admirable
speech delivered last night by the Honourable Mem-
ber for Kinsale—a speech which conveyed not only a
very clear notion of the general characteristics of the
measure, but which also, without incumbering the
attention with too many details, unfolded in several
particulars the minutiae of its working. To speak

briefly and to the purpose, we may observe that the
changes would effectually bestow upon Australia the
blessings of a new Constitution ; and this Constitu-
tion would be rendered one not only well adapt: d to
the present exigencies of the colony, but would
in like manner be capable of adapting itself to the
variations of its own growth and expansion. With
a power situated in the heart of the old world, such
a capacity to change with the changes that may
occur, is wholly essential to the stability of its
fortunes. How much more, therefore, with a country
in which everything is youthful—is not only youth-
ful—is literally nascent ! There the pliability of the
governing force is more than ever requisite. There
provision must be made, not merely for the wants
already visible, but for those which have not rendered
themselves perceptible even in the germ. To effect
this the most readily, we must necessarily have
recourse to the popular form of government—the
Representative System ; and to that system, conse-
quently, the measure is especially directed. Each of
the separate colonies of Australia will be empowered,
by the Bill about to be introduced by Mr. HAwEs, to
elect certain members of a General Assembly for the
whole Union—an assembly similar in character to
our own Parliament, possessing an immediate control
over the civil list (of course excepting in this instance
the salaries of the Judges and of the Governor),
and otherwise limited to objects affecting the
collective interests of all the Austrian colo-
nies—namely, of New South Wales, of Van Diemen's
Land, of Southern Australia, of Western Australia,
and of Port Philip, which will be transformed by the
Bill into a distinct colony under the title of Victoria.
Beyond this the new Constitution will tend in
another way very materially to advance the interests
of the entire population by linking together what is
at present divided ; in other words, by "creating a
federal union for all the colonies." Here, therefore,
is a wide vista of improvements suddenly opened to
our view, and in the direction, moreover, of the most
remarkable of all the possessions of Great Britain !

Whether or not the scheme of the Russell Cabinet
in reference to Australia shall receive the cordial ap-
proval of Parliament, it must be quite manifest to the
community at large that in projecting any change of
the kind the Government is labouring forward, upon
one point at least, in the right direction. At the
same time we cannot fail to recognize that, upon
several particulars, the proposed arrangement re-
quires the most explicit explication. For instance,
there was much truth in the remark made last evening
by the Right Hon. Gentleman the Member for the
University of Oxford, that it was essential for the well-
being of the colony and for the general advantage of
the whole British empire that some satisfactory con.
elusion should be arrived at as to whether the Aus-
tralian Legislature should consist of a single or a
double Chamber. There is too much correctness, we
admit, in the answer made to this observation by the
Prime Minister, namely, that heretofore the system
of a double Chamber has been found to work very
badly in all our American colonies. Nevertheless,
the fact that a double Legislature has not worked
well with the Canadians is not an adequate
reason of itself why it should not be
conferred upon the Australians. The matter requires
the serious scrutiny of both Houses before the British
Parliament can arrive with safety at any permanent
determination. Now that leave has been granted to
bring in the measure an opportunity will be afforded
the Legislature of subjecting the Bill to the most
elaborate scrutiny; and when the subject comes regu-
larly under the consideration of the Commons, the
members of the Administration will be enabled to
explain themselves more at length as to the details of
the new Australian Constitution.

Whatever decision may be come to by the Lords
and the Commons, the Administration has at length
exonerated itself from the charge of being unconquer-
ably apathetic in regard to the most fruitful and
ill-cultured of all our colonial possessions.

The third reading of the Incumbered Estates (Ire-
land) Bill was carried last night by an overwhelming
majority of 105, out of 129 Members present—twelve
persons only having recorded their votes against the
measure. It will therefore speedily become the law
of the land, and Ireland may at length obtain the
blessings of a solvent and unembarrassed proprietary.
The natural results will undoubtedly follow. Capital
will flow into the country, the soil will be fully and
fairly cultivated, the natural capabilities of the
island duly developed, and its first great want,
adequately and fairly remunerated employment for the
labouring population, completely supplied. Although
many causes tended to produce the misery and dis-
tress that has unquestionably existed throughout the
entire country, none perhaps operated more injuri-
ously than the condition in which landed property
was held on the other side of St. George's Channel.
There was a complicated system of entails and limi-
tations that prevented the free transfer of real
estates from those who were unable, by reason
of their pecuniary embarrassments, to discharge
the duties incidental to the possession thereof,
to others better qualified for that purpose, to men both
able and willing to carry out permanent and lasting
improvements alike beneficial to the owners, the
occupiers, and the labouring population. The no-
minal proprietor had no power to effect real im-
provements, neither was it his interest to do so even
if possessed of separate and independent fortune. He
was tied down as to the leases he might he disposed
to give, and could only let his land subject
to certain conditions, which prevented him
from obtaining a solvent and improving tenantry.
No allowance whatsoever could be made for improve-
ments, however valuable. The interests of his
younger children were altogether opposed to those of
the heir and successor : the latter would be placed
in a situation of comparative affluence, while his less
favoured brethren, brought up and educated as gen-
tlemen, in the enjoyment of every comfort and luxury,
would be reduced to poverty on the death of their
father. Whatever could be set aside after providing
for the annual expenditure would of course be ap-
plied for the benefit of those who possessed equal
claims upon the heart of a parent, with the future
head of the family. If money were available it
would not be expended in increasing the value of the
estate, which, under the most unfavourable circum-
stances that formerly existed, or until within the last
few years it was supposed could have existed, would
still afford a competent provision for the eldest son.
But it would be wasted, in order to swell the
attenuated portion of the junior branches. If
changes or incumbrances affecting the estate
were paid off by the tenant for hfe,
they were never what was termed in law
" satisfied" or discharged, but merely assigned to
trustees for the benefit of the party, in order that
they might still survive against the estate, when the
tenant in tail got into possession. Stich was the
state of affairs even in the rare and exceptional cases
of the owner being perfectly free from pecu-
niary embarrassments and enabled to save a
considerable portion of his annual income,
and it must be obvious that no improvements could
be effected. The welfare and prosperity of the pre-
sent generation were sacrificed, in order to gratify
family pride, and to keep the representative and head
of the house a great man—the inheritor of a large
estate.

But matters were a thousand times worse
in the more ordinary event of the party en-
teriag oa the possession of a property sub-
ject
_to several charges and incumbrances.
The condition of such a person was really pitiable.
,He was expected to maintain a high position in the
district, to suit his expenditure rather to the
nominal rental of his widespread domains than to
the actual surplus available for his own purposes.
Improvements of course were wholly out of the ques-
tion. Tenants were screwed to the utmost to obtain
the promise of rents that could never be paid out of
the profits of the lands. There was a gradually
increasing deficiency, year after year, between
the receipts and outgoings which, more hibernico,
was supplied by raising new loans, which being only
secured upon the life estate, and premiums of insur-
ance being added, were necessarily effected at an ex-
orbitant rate. Once entered upon the borrowing sy stem,
the career became rapid indeed. For a short time the
interest might be paid with SOIE e degree of punctuality;
but sooner or later default would take place. Bills
were then filed in Chancery by the exasperated cre-
ditors, every device was resorted to to retard the
proceedings, which occasioned an enormous amount
of costs, and at length a receiver would be applied for
and obtained, and the lands would pass into the hands