TOPICS OF THE DAY.
A. TATE OF COLONIAL GOVERNMENT.
0= colony of the Cape of Good Hope was obtained by conquest, in 1806 ; and therefore, although, at the final cession by Holland in 1814, the Crown of England engaged by treaty to respect law, property, and religion, yet the inhabitants became politically what is called "Crown colonists," or subjects of the Crown entirely des- titute of the privileges of English freedom. Down to 1834, the colony was, politically, a garrison like Gibraltar, subject in all matters of authority to the mere pleasure of the Crown as expressed and carried into effect by the Governor individually. The natural abuses of this despotism, together with the immi- gration of people born in and accustomed to British liberty, led by degrees to a general desire for the enjoyment of political privi- leges; and in 1834, the Crown granted to the colony a charter of government, whereby the will of the individual Governor was somewhat restrained, and the colonists obtained some part in the management of public affairs. In detail the grant was small, but the whole principle of despotism was abandoned. The letters- patent of 1834 turned the " Crown " colony into a " chartered" colony. "Rights," " privileges," and "franchises," took the place of arbitrary rule; and this not only as respects legislation by the new machine of government, but as respects the machine itself. There was a constitution—a fundamental law of government— which the power that had granted it could neither recall nor alter by its own mere will. The Crown divested itself of the right to diminish liberty. Further charters of government, if accepted by the colony, might add to liberty by granting further privileges ; but the privileges already granted could not be recalled by the mere authority which had granted them. As the chrysalis dies in giving birth to the fly, so the constituent power of the Crown expired when it performed the act of granting a constitution. As respects the form of its government, the colony escaped from the jurisdiction of the Crown alone, and came under that of Parlia- ment, except in so far as the Crown had still the right to increase liberty by further grants. The constitution of 1834 did not work well, of course, having come too late and granted too little. Long after the people de- sired representative government on the plan of our constitution at home, the letters-patent of 1834 only created a Legislature, all the members of which were to be nominated by the Crown and re- moveable at pleasure. To the disorder of attempting to govern by means of a Council of Crown nominees, there was recently added the turmoil of Lord Grey's unsuccessful, attempt to make the Cape a penal settlement. The colony became ungovernable by any means in existence ;. and then the Crown, in May 1850, granted a further charter of government, whereby the " rights" and " privileges " of liberty were considerably enlarged. The colony was to be ruled by a " Parliament," consisting of the Governor and two Houses, both elective. The new charter also created a temporary. Council, and confided thereto certain constituent powers with regard to portant details of the new constitution. This temporary and con- stituent Council was to be composed of nominees, official and un- official, seven to six ; but the Governor, on the ground that nominee- ship had fallen into such contempt and aversion as to be unwork- able, virtually called on the people to elect five of the unofficial members. This was done ; and then the Governor, apparently re- penting of his liberality, annulled one out of the five elections, and so filled the colony with distrust. His next step was a deliberate attempt to use the Council, not for the constituent purpose of its temporarybeing, but for passing all sorts of ordinary laws, in- cluding important measures of finance and taxation. Thereupon the four virtually elected members resigned ; the number of the Council was reduced below a quorum; the Governor could not find four presentable colonists willing to become nominees in place of those who had resigned ; and all lawful government, whether for constituent or ordinary purposes, came to a stop.
In this predicament, the Governor, not, knowing what to do, suspended all action, and wrote to Lord Grey for instructions. The colony likewise appealed to the Imperial Government, by means of choosing delegates and sending them to England with a plan of con- stitution, and prayers for relief from the disorders and miseries which afflicted the country. But these were yet to be augmented both in number and degree. Just as the quarrel between the Governor and the colonists had reached the verge of civil war, and had at all events become irre- concilable save by Imperial action, the present Caffre war broke out ; and the Cape of Good Hope is now suffering an accumulation of the worst evils which can arise from misgovernment. The Caffivi war eosts this country about 30001. a day. But the colony is ready, in exchange for a constitution of free government, to undertake the whole manacement and expense of its relations with savage tribes. The delegates, (Sir Andries Stockenstrom and Mr. Fairbairn,) whose character as representatives of the colony is abundantly proved by the manner of their election, have been in England some time, but have failed to obtain any kind of satisfaction from the Government. Indeed, it may be said. that Lord Grey has treated them with worse than neglect, by refusing to give them any in- formation concerning the fate of their country. But at length out comes a "blue book," which furnishes ample information. It appears that on the 13th of last month, Lord Grey sent fresh instructions to the Governor of the Cape, whereby he is directed., to suspend indefinitely the operation of the char- ter of 11350, and to rule the colony by his own will and pleasure
with the aid of a very small Council, consisting, if he please, entirely of official persons. ThiE is the only answer of the Im- perial Government to the almost unanimous prayer of the co- lony for a free constitution. F.rirding charters are abrogated, not by Parliament, the only competent authority, but by the mere will of the Crown, and even by an instrument less weighty than those which it supersedes. By means of the utmost wrong perpe- trated in the most affronting manner, the colony is treated as an enemy and set at defiance. And the whole proceed- ing appears to be illegal into the bargain ; as if the object were to encourage resistance to the new despotism by set- ting it up in a manner to render resistance lawful. Besides. the Caffre war, England may possibly soon have a Cape war on her hands, both of them being the exclusive handywork of her own officials in the colony and at home. Meanwhile, Parliament ignores the whole matter ! The impolicy, the insulting cruelty, the illegality, the costliness of these proceedings, all are utterly disregarded by Parliament. The story, if it does not make one long for the restoration of an unreformed House of Commons, adds another circumstance to the many which indicate that the pre- sent state of parties and politics at home, by suspending the func- tions of both Government and Opposition, is preparing heavy evils for ourselves.
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