1 NOVEMBER 1834, Page 12

THE NEW COLONY OF SOUTH AUSTRALIA.

Ist pursuance of the Act of Parliament, which authorizes the Crown " to erect South Australia into a British province, and to provide for the colonization and government thereof," a Board of Commissioners has been appointed, consisting of the gentlemen whose names follow,—Mr. WHITMORE, Mr. GROTE, Mr. WARDE NORMAN, Mr. H. G. WARD, Colonel TORRENS, Mr. M. D. HILL, and Mr. WALBANKE CHILDERS.

The funetions of the Commission, as defined by the South Australian Act, are—to make rules, orders, and regulations for the disposal of public lands in the new province; to employ the money paid for such lands in conveying labourers to the colony ; and to raise funds for the expenses of its government, by the issue of bonds, bearing colonial interest, and secured on the revenue and lands of the colony. It may be expected that the Commissioners (all of whom were members of the South Australian Association, by which the plan of this colony was formed) will immediately publish a statement of the mode in which their own principles of colonization are to be tarried into effect. Such a statement, under the name of Orders or Regulations, will have the authority • of law. In this way, Whatever relates to the two elements of colonization—the disposal of land, and the management of emigration—will be defined with precision, and placed on a permanent footing ; an immense advan- tage, as all will allow, who know any thing of the evils which, in ether colonies, result from the vague character and short dura- tion of such laws as most deeply affect the interests of the colonists.

The "rules, orders, and regulations," to be issued by these Com- missioners, will be a test of their fitness for the office which they have undertaken. Bearing in mind the high reputation of some of thorn, for a rare union of comprehensive views and practical qualities, we have no doubt of the result. The Morning Chronicle has well explained, that their duties are purely Ministerial; that they have no personal interest in promoting emigration to thi* eolony, or in selling the land, or in raising the revenue; that their situation with respect to the colonists, differs altogether from that of the directors of a joint-stock company, who, by embarking per- sonally in a speculation, lend their names to it, entice others to join in it, and incur personal responsibility towards the share- holders. But though all this be true and obvious, there is a kind of enticement which the Commissioners will surely practise, if they legislate as such men may be expected to do. If the sort of code of colonization which it is their duty to frame, should carry out the principles of the law under which they act, this will be the swat attractive of British colonies. Only let their regulations show, that in this colony there will never be any lack of hired labour, where capitalists, and persons of almost every class, will embark in the undertaking, even though the Commissioners should say—"Mind, we persuade nobody; every one must judge for him- self." Such persuasion as may be found in the black and white of their (Alicial publications—in the due exercise of the authority in- trusted to them—in the clearness, precision, and sufficiency of their colonizing legislatioie—this kind ofenticement is the special object of their appointment. The execution of orders made by the Commissioners, for the disposal of public lands, and the reception of labouring emigrants, must necessarily devolve upon persons resident in the colony. At the head of these will be a "Colonial Commissioner." It is under- stood that this office will be filled by Captain JOHN KENNEDY, of the Royal Engineers ; an officer of high reputation for scientific

acquirements, and who, as Government Engineer of Cephalonia, has had much practical experience of the sort of duties he will have to perform. This gentleman. has, until lately, been " in dis- grace" at the'Colonial Office : wherefore, will be seen presently.

So far with respect to colonization. The civil and military government of the province is to he intrusted to Colonel CHARLES JAMES NAPIER, who was Lieutenant-Governor of Cephalonia under the Lord High Commissioners Sir THOMAS MAITLAND and Sir FREDERICK ADAM. This appointment is most extraordinary. Colonel NAPIER is not, we believe, connected with Mr. Secretary RICE by any ties of blood or marriage, or electioneering services, or party influence. Like most of his remarkable family, he is said

ta be a Radical in politics. In Cephalonia, he protected the poor from the oppressions of the rich, got rid of many stilling mono- polies, forced the corrupt judges to administer law in justice, was

hated by the feudal aristocracy whose power lie destroyed, and beloved by the people whose interests be never failed to consult. For doing and being all this, he was in high favour with Sir THOMAS MAITLAND, whose strong mind always led him right, except where some personal interest was concerned. But "King Tom," as be was called, died, and was succeeded by one to whom Colonel NAPIER'S mode of governing was utterly abominable. They quarrelled, and appealed to Lord Goeseicti, then Colonial Minister. Decision is not Lord Gonsatietesibste. No opinion concerning the dispute could ever be drawn from him, except in- asmuch as, after hearing both parties, he allowed Sir FREDERICK ADAM to return to the Ionian Islands as Governor-in-Chief, and sought to quiet Colonel NAPIER by offering him a much more lucrative appointment than that of Resident of Cephalonia. This offer was declined, and Colonel NAPIER appealed to the public; an unpardonable crime in the region of Downing Street. His book is full of severe reflections on his superiors. After that, of course, he had no chance of being employed by Lord GODERICH, or, we may opine, by Mr. STANLEY. What on earth has happened at the Colonial Office ? We put the question to its "Tory Bumbureancrat," Mr. HAY. The reign of the sitting part of that office—of Clerks and Under Seeretaries, who move not from their desks with changes of Ministry—seems to be over. It is curious ; but this appointment appears to have been made with regard to nothing but merit. Captain KENNEDY also, who took part with Colonel NAPIER in his dispute with Sir FREDERICK ADAM, can have no other claim on Mr. RICE, than fitness for the office to which he has been appointed. Verily, we, who have watched the doings of Downing Street for many a weary year, are lost in astonishment.

The merits of Colonel NAPIER ,appear in his book ; where, though merely in his own defence, he proves that he possesses such qualities as popular manners, uncommon energy and perse- verance, a love of labour, great sagacity in dealing with the pas- sions of men, a strong disposition to save the public money, and a conscience not to be corrupted by fear or favour. To these let us add a qualification which is of immense value in the leader of a new colony : he intends (so the Chronicle informs us) to become a South Australian; not a mere salary-getting Governor, but a colonist himself, like WILLIAM PENN who, though an absolute sovereign in power, had the strongest personal interest in the well- being of those who were placed under his authority. According to the proposal originally made to Government by the South Australian Association, the power of making laws for the colony would have been 'vested in the Commissioners until the population of the province had amounted to 50,000 souls, and would then have been transferred to the colonists themselves. Mr. STANLEY objected to this old-fashioned mode of proceeding; or did not know, perhaps, that it was recommended by the ex- ample of all the colonies which Englishmen have founded in North America. Be that as it may, the South Australian Act only pro- mises that the province shall have a Local Legislative Assembly as soon as it shall contain 50,000 inhabitants. Meanwhile, the laws are to be made by "the King in Council." "The King in Council" means the Colonial Secretary of State for the time being. But this officer has to legislate for forty states, differing in their situation, habits, and wants ; besides executing, in forty different directions, laws so made, deciding an infinite number of questions which necessarily arise out of government from a distance, and attending earnestly to home politics, both as a Cabinet Minister and a Parliamentary leader. One need not wonder, then, that Sir GEORGE MURRAY and Lord GODERICH should have left the Swan River Colony without any laws at all for two years after the first settlement Will it be so in this case? There are but two grounds on which to hope that it will not be so—the uncommon diligence of the present Colonial Minister, and his apparent anxiety. to consult the interests of the people committed to his charge. They form, we repeat, forty different communities ; and they have had five different sovereigns within the last five years : at present,. we are inclined to say for them—Long last the reigning king.