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55-638: The New Zealand Constitution Act 1852 , passed by the British government, allowed New Zealand to establish a representative government. The initial 24 New Zealand electorates were defined by Governor George Grey in March 1853. Dunedin Country was one of the initial two-member electorates. The electorate covered the Otago Province in its entirety with the exclusion of Dunedin, which was represented through

110-460: A Lockean justification was given for the prisoners' condemnation, and not a Burkean one: the Crown, as protector of the lives, liberty and prosperity of its subjects, could "legitimately demand allegiance to its authority." Robinson went on to say that those who preferred republicanism over monarchism were free to emigrate, and thus the participants in the uprisings were guilty of treason . After

165-576: A Provincial Council. Each Provincial Council consisted of no less than nine members, elected by men over the age of 21 years, owning freehold estate, living in the district and with a £50 or above income per annum. Since Māori land was owned collectively not on individual title as was required, most Māori could not vote. Superintendents were elected directly at the same time as Provincial Councils. Provinces were able to make laws (ordinances) in all areas, except for: Provincial councils could sit for no more than four years. The Constitution allowed for

220-564: A Reform opposition that demanded a radically more democratic government than existed in each colony. The governments in both provinces were viewed by the Reformers as illegitimate. In Lower Canada acute conflict between the elected and appointed elements of the legislature brought all legislation to a halt, leaving the Tories to impose Lord John Russell 's Ten Resolutions, allowing them to rule without accountability to electors. In Upper Canada

275-711: A basis on the principle of " mixed monarchy "—a balance of monarchy, aristocracy and democracy. The colonies, however, lacked the aristocratic element, and found their non-elective Legislative Councils dominated by local oligarchies that controlled local trade and the institutions of state and religion. In Lower Canada they were known as the Château Clique ; in Upper Canada they were known as the Family Compact . Both office-holding oligarchies were affiliated with more broadly based " Tory parties" and opposed by

330-618: A consequence, it was sharper than–indeed fundamentally different from—the milder strife that disturbed 'English' Upper Canada." Despite being true, this interpretation understates the republicanism of the Patriots. The Lower Canada rebellion was widely supported by the populace, due to economic and political subordination of the French Canadians, resulting in mass actions over an extended period of time, such as boycotts, strikes and sabotage. These drew harsh punitive reprisals such as

385-666: A governor elected by the General Assembly. Only the latter proposal was rejected by the Parliament of the United Kingdom when it adopted Grey's constitution. The Constitution established: By the Act, the provinces had the authority to pass provincial legislation, although the governor had a reserve power of veto such legislation, and the right of the Crown to disallow provincial Acts within two years of their passage

440-526: A new, democratic style of government had to be established to replace the dictatorial Crown Colony system. The New Zealand Company , which was established in 1839, proposed that New Zealand should have representative institutions, and this was consistent with the findings of the Durham Report , which was commissioned during 1838 following the rebellions in Upper and Lower Canada . The first settlement of

495-596: A number were regarded as no longer effective. In the UK it was repealed by the Statute Law (Repeals) Act 1989 . Rebellions of 1837%E2%80%931838 Government victory The Rebellions of 1837–1838 ( French : Rébellions de 1837 ), were two armed uprisings that took place in Lower and Upper Canada in 1837 and 1838. Both rebellions were motivated by frustrations with lack of political reform. A key shared goal

550-457: A quorum of five), who were at least 21 years old and British subjects. Legislative Councillors held their seats for life, unless they resigned, or were bankrupted or swore allegiance to a foreign power. The Constitution stated the governor was empowered to grant, refuse and reserve assent to Bills passed by the General Assembly. The governor could also return Bills to the General Assembly with suggested amendments. The Sovereign could instruct

605-433: A result, almost all of the Act was suspended for six years pending the new Act of 1852, the only operative part of the 1846 Act being the creation of New Zealand's first provinces, New Ulster Province and New Munster Province . In the meantime, Grey drafted his own Constitution Act while camping on Mount Ruapehu . Grey's draft established both provincial and central representative assemblies, allowed for Māori districts and

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660-762: The Legislative Council so that the New Zealand General Assembly, now Parliament, became a unicameral (single-chamber) legislature. This amendment gave the New Zealand Parliament the power to pass laws of extraterritorial effect. The Act was repealed by section 28 of the Constitution Act 1986 in New Zealand. By the time of its repeal, only 18 of the Act's original 82 sections remained, of which

715-514: The Town of Dunedin electorate. The area was sparsely populated, but during its existence, Invercargill was laid out in 1856. The Constitution Act also allowed the House of Representatives to establish new electorates, and this was first done in 1858, when four new electorates were formed by splitting existing electorates. Wallace was one of those four electorates, and it was established by splitting

770-534: The 1836 elections had been marred by political violence and fraud organized by the new Lt. Governor, Sir Francis Bond Head . William Lyon Mackenzie and Samuel Lount lost their seats in the result. The Tories passed a bill allowing them to continue to sit in disregard of the established practice of dissolving the House on the death of a monarch ( William IV died in June 1837). In the midst of this crisis of legitimacy,

825-632: The Act. This power was limited by the Balfour Declaration of 1926 , in that they were to be exercised only on the advice of New Zealand ministers. The powers were not continued by the 1986 Constitution Act. The powers of the Assembly were given in the Colonial Laws Validity Act 1865 , which stated that colonial legislatures had full powers to make laws respecting their own constitution, powers, and procedure. The Act

880-468: The American government on the other. Both nations were dedicated to a peace policy due to a budding financial crisis and to a sense of perceived disadvantage which both felt equally. Both were legitimately concerned about the disruption in relations which radical ideas might foment through further rebellion and raids. An unprecedented level of cooperation occurred in diplomatic and military circles. Far from

935-432: The American members of the radical Equal Rights Party (or " Locofocos "). This organization launched the " Patriot War ", which was suppressed only with the help of the American government. The raids did not end until the rebels and Hunters were defeated at the decisive Battle of Windsor , nearly a year after the first defeat near Montgomery's Tavern. The constitutions of Upper and Lower Canada differed greatly, but shared

990-591: The Atlantic economy was thrown into recession, with the greatest impact being on farmers. These farmers barely survived widespread crop failures in 1836–37, and now faced lawsuits from merchants trying to collect old debts. The collapse of the international financial system imperiled trade and local banks, leaving large numbers in abject poverty. In response, Reformers in each province organized radical democratic "political unions". The Political Union movement in Britain

1045-600: The British concentrated their troops there, making it apparent that they planned on using armed force against the Patriots. With no troops left in Upper Canada, an opportunity for a sympathetic revolt was opened. Since the time of Lord Durham's Report on the Rebellions, the Lower Canada Rebellion has been attributed to tensions between the British and the French, that the conflict was "'racial' and, as

1100-645: The Constitution Act, where Māori law and custom were to be preserved, but this section was never implemented by the Crown. It was, however, used by the Kingitanga to justify claims of Māori self-governance during the 1870s and 1880s. A General Assembly was constituted, consisting of the governor, the Legislative Council, and the House of Representatives. The Legislative Council was an appointed body of no less than ten councillors (with

1155-401: The Crown remains a subject for historical debate. Great Britain's Chartists sought the same democratic goals. Historians have tended to view the two Canadian rebellions and the subsequent US Patriot War in isolation, without reference to each other, and without reference to the republican impetus they shared. Recent reconsiderations have emphasized that this was a purposeful forgetfulness by

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1210-628: The Dunedin Country electorate. In the 1860 electoral redistribution, the Dunedin Country electorate was abolished, and its area split between the Wallace, Bruce , and Hampden electorates. Three people were nominated for the first election in 1853 , but only William Cutten and John Cargill accepted the nomination. Edward McGlashan stated that he was not available to represent the electorate. The returning officer therefore declared Cutten and Cargill elected. Cutten resigned in 1855 before

1265-471: The English language and culture. In fact, the merging of the Upper and Lower Canada was intended to take any form of self-government away from the French Canadians, forcing them into becoming a smaller part of the new, larger, political unit. In geopolitical terms the Rebellions and the subsequent Patriot War altered the landscape of relations between Britain and British colonial authorities on one hand, and

1320-587: The General Assembly was held between 14 July and 1 October in 1853. The Parliament under the Act met in Auckland , at the time the capital , in May 1854. This session was concerned primarily with the issue of responsible government , or the ability of the Colonial parliament instead of the governor to appoint its own ministers. Prior to the Act, the executive council consisted of Crown servants who were responsible to

1375-518: The Parliament of the United Kingdom was the ability of the former imperial legislature to legislate for New Zealand at the New Zealand Parliament's consent. This occurred only once, for the New Zealand Constitution Amendment Act 1947 which adopted the New Zealand Parliament's New Zealand Constitution Amendment (Request and Consent) Act 1947 . This amendment repealed the sections of the Constitution Act relating to

1430-633: The Rebellions being entirely domestic events, the administration of American president Martin Van Buren had little choice but to implement mitigating measures on US soil to prevent escalation. As they evolved into the Patriot War, the Rebellions contributed to the construction of more recent Anglo-American and Canada-US relations. In 1937, exactly one century after the Rebellion, the names of William Mackenzie and Louis-Joseph Papineau were applied to

1485-587: The Reformers after the Rebellions, as they attempted to repudiate the bold republicanism of William Lyon Mackenzie , yet steer an acceptable course to national independence under the guise of responsible government . Ducharme (2006) puts the rebellion in 1837 in the context of the Atlantic Revolutions. He argues that Canadian reformers took their inspiration from the republicanism of the American Revolution . The rebels believed that

1540-731: The United States. Mackenzie established a short-lived " Republic of Canada " on Navy Island in the Niagara River, but withdrew from armed conflict soon thereafter. Charles Duncombe and Robert Nelson , in contrast, helped foment a largely American militia, the Hunters' Lodge / Frères chasseurs , which organized a convention in Cleveland in September 1838 to declare another Republic of Lower Canada . The Hunters' Lodges drew on

1595-518: The colonies, one of the rebels' original demands (although it was not achieved until 1849). Durham also recommended the merging of Upper and Lower Canada into a single political unit, the Province of Canada (established through the Act of Union 1840 ), which became the nucleus for modern-day Canada. More controversially, he recommended the government-sponsored cultural assimilation of French Canadians to

1650-434: The company, Wellington, briefly had its own elected council during 1840, which dissolved itself on the instruction of Lieutenant Governor William Hobson . The first New Zealand Constitution Act was passed in 1846, though Governor George Grey was opposed to its implementation, specifically the proposed division of the country into European and Māori districts, and stated that settlers were not ready for self-government. As

1705-412: The creation of municipal corporations , i.e., city governments. Municipal corporations could create their own regulations and by-laws but could be overruled by the provincial council in the province the corporation was established in. The Constitution did not define how the municipal corporations would be elected, but left it to the General Assembly to determine. "Māori districts" were allowed for under

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1760-515: The creation of the Colony of New Zealand . The Constitution Act repealed all enactments that were repugnant to the Constitution Act but preserved all ordinances of the then established provinces of New Zealand. Sections 2 to 28 dealt with the Provinces of New Zealand, setting out their establishment, composition, elections, powers and procedures. Each province was to have a Superintendent and

1815-480: The end of the term of the term of the 1st New Zealand Parliament citing business pressure; no by-election was held. John Cargill and his father William were elected unopposed on 11 December 1855 for the 2nd New Zealand Parliament . John and William resigned in 1858 and October 1859, respectively. The first vacancy was filled by John Parkin Taylor , who retired from parliament at the end of this term. The second vacancy

1870-557: The framework of existing colonial institutions. The British military crushed the rebellions, ending any possibility the two Canadas would become republics. Some historians see ties to the Chartist Newport Uprising of 1839 in Wales, suppressed by Sir Francis Bond Head 's cousin, Sir Edmund Walker Head . There were two types of rebellions in Upper and Lower Canada. Many of the rebels (including Mackenzie) fled to

1925-514: The governor to refuse assent to Bills. The governor was required to send Bills assented to one of the Sovereign's principal Secretaries of State. The Sovereign could then, by Order in Council, refuse assent to Bills. If the governor reserved assent to a Bill, it could only be assented to by the Sovereign. The Constitution provided for the Crown to control the sale of "wastelands", land that

1980-483: The governor. A motion was passed almost unanimously affirming the ability of Parliament to appoint its own executive council members. Three members of the Assembly (and later one from the Legislative Council) were added to the executive council as ministers without portfolio under the leadership of James FitzGerald . The unofficial members soon resigned. After fresh elections the 2nd Parliament met, and

2035-553: The land (subject to existing purchase agreements), and protected the Otago Association from being directly regulated by the General Assembly. Like the Canterbury Association, the Otago Association was also given the power to hand its powers over the new provincial council (eventually the Otago Province ). The first provincial elections were held during 1853. The 1853 New Zealand general election for

2090-627: The legislation establishing the Canterbury Association. The Canterbury Association was given the ability to hand its powers over the new provincial council, once established (eventually the Canterbury Province ). The Canterbury Association did so in 1853. Because the land for settlement of Otago had originally been purchased by the New Zealand Company, the Constitution both restated the Crown's ability to dispose of

2145-436: The new governor, Sir Thomas Gore Browne , asked Henry Sewell to form the first responsible ministry. However, the General Assembly did not have total control of the executive. The governor retained reserve powers to disallow legislation and there was the authority of the Crown to disallow legislation even after the governor had given his assent. These powers of reservation and disallowance were prerogative powers included in

2200-509: The provisions of the Constitution Act except provisions such as the establishment of the General Assembly itself and the extent of its legislative powers. This amendment abolished the Provinces of New Zealand ; In 1947, New Zealand adopted the Statute of Westminster 1931 with the Statute of Westminster Adoption Act 1947 . The only remaining provision of the Constitution Act relating to

2255-428: The rebellions died down, more moderate reformers, such as the political partners Robert Baldwin and Louis-Hippolyte Lafontaine , gained credibility as an alternative voice to the radicals. They proved to be influential when the British government sent Lord Durham , a prominent reformer, to investigate the cause of the troubles. Among the recommendations in his report was the establishment of responsible government for

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2310-691: The rebellions in 1837 ought to be viewed in the wider context of the late-18th- and early-19th-century Atlantic Revolutions . The American Revolutionary War of 1775–1783, the French Revolution of 1789–99, the Haitian Revolution of 1791–1804, the Irish Rebellion of 1798 and the rebellions in Spanish America (1810–1825) were inspired by republican ideals, but whether the rebels would have gone so far as to usurp

2365-510: The rebels took place in Court House Square, in between Toronto's new jail and courthouse. The Foreman of Public Works, Joseph Sheard , was expected to share in the work of building the scaffold for Lount's and Matthews' execution. However, he claimed the men had done nothing that he wouldn't have and refused to assist. The Orange militia stood guard during the execution to deter a rescue. The root cause of resentment in Upper Canada

2420-538: The restriction of civil liberties, the burning of entire villages, and imprisonment or exile of hundreds of men by government troops and militias, which had been concentrated in Lower Canada to deal with the crisis. By contrast, the Upper Canada Rebellion was not as broadly supported by local populations, was quickly quelled by relatively small numbers of pro-government militias and volunteers and

2475-408: The right of citizens to participate in the political process through the election of representatives was the most important right, and they sought to make the legislative council elective rather than appointed. Rebellion in Upper Canada (and Lower Canada also) broke out after the 1836 Legislative Assembly elections were corrupted. It seemed then that the reformers' struggles could only be settled outside

2530-632: Was responsible government , which was eventually achieved in the incidents' aftermath. The rebellions led directly to Lord Durham 's Report on the Affairs of British North America and to the Act of Union 1840 which partially reformed the British provinces into a unitary system and eventually led to the British North America Act, 1867 , which created the contemporary Canadian federation and its government . Some historians contend that

2585-472: Was amended several occasions, beginning in 1857. The New Zealand Parliament did not have the ability to amend all parts of the Act until 1947. A number of important amendments were made to the Act by the New Zealand Parliament. The first amendment to the Act was made by the British Parliament during 1857. This amendment granted the New Zealand General Assembly the ability to amend or repeal all of

2640-577: Was an Act of the Parliament of the United Kingdom that granted self-government to the Colony of New Zealand . It was the second such Act, the previous 1846 Act not having been fully implemented. The purpose of the Act was to have constitutional independence from Britain. The definition of franchise or the ability to vote excluded all women, most Māori , all non-British people and those with convictions for serious offences. The Act remained in force as part of New Zealand's constitution until it

2695-472: Was consequently less widespread and brutal by comparison. Those rebels who were arrested in Upper Canada following the 1837 uprisings were put on trial, and most were found guilty of insurrection against the Crown. One of the most severe punishments was the sentencing of 100 Canadian rebels and American sympathizers to life in Britain's Australian prison colonies . Many were publicly hanged, most notably Samuel Lount and Peter Matthews. The public hangings of

2750-428: Was filled by Thomas Gillies , who was declared elected unopposed. The electorate was represented by five members of parliament . Only one election in the Dunedin Country electorate was contested. At the two general elections and the 1860 by-election , the candidates were declared elected unopposed. New Zealand Constitution Act 1852 The New Zealand Constitution Act 1852 ( 15 & 16 Vict. c. 72)

2805-650: Was largely credited with the passing of the Great Reform Bill of 1832. In Lower Canada the Patriots organized the Société des Fils de la Liberté ("Sons of Liberty"). William Lyon Mackenzie helped organize the Toronto Political Union in July 1837. Both organizations became the vehicles for politically organizing protests, and eventually rebellion. As the situation in Lower Canada approached crisis

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2860-567: Was not so much against distant rulers in Britain, but rather against the corruption and injustice by local politicians—the so-called "Family Compact". However, the rebels were not really convicted because their views aligned with the liberalism of the US, and thus caused some kind of offence to the Tory values of the Canadian colonies. Rather, as revealed in the ruling of Chief Justice Sir John Robinson ,

2915-535: Was preserved. Parliament was granted the power to make laws for the " peace, order, and good government of New Zealand" provided such legislation was not inconsistent with the laws of England. The Constitution Act consisted of 82 sections as passed, a preamble and one schedule. The Constitution Act's preamble recounts the previous enactments (including the New Zealand Constitution Act 1846), charters and letters patent passed and issued in

2970-476: Was previously purchased (or claimed to be purchased) by the New Zealand Company from Māori for the Company's colonisation schemes. The British government had lent £236,000 to the Company in 1846 to keep the company solvent. As a result, the Constitution provided for a quarter of the proceeds of land sales would go to the New Zealand Company until the debt was paid off. The Constitution specifically did not affect

3025-471: Was repealed by the Constitution Act 1986 . The long title of the Act was "An Act to Grant a Representative Constitution to the Colony of New Zealand". The Act received royal assent on 30 June 1852. In 1850, New Zealand was being governed as a Crown Colony . This style of government was increasingly inadequate in light of changing circumstances. The rapid demographic changes as new immigrants arrived meant

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