Designing Constitutions in Britain’s Mid-Nineteenth Century Empire – Indigenous Territorial Government in New Zealand and Retrieving Constitutional Histories

Abstract

ABSTRACTFocusing on the striking instance of colonial New Zealand, this article examines constitutional design for colonies of European settlement, arguing about such design in two key respects. First, this article examines the proposals of so-called ‘colonial reformers’ endeavouring to influence constitutional framing, including how their notions on ‘local self-government’ or ‘municipal government’ were reflected or not, while also illuminating their concepts of how to accommodate indigenous territorial governance and indirect administration of indigenous territories in the late 1840s and early 1850s. Second, recovering traces of these disputes and ways of thought from the archives, and how they were operationalised in grounded constitutional drafting or design, rather than resorting to analysing abstract canonical, high-level texts, such as those of Henry Maine and John Stuart Mill, is ultimately more rewarding for evaluating constitutional emergence and design. It reveals tensions within ‘colonial liberalism’, as characterised by Edward Gibbon Wakefield. How putative settler interests informed these metropolitan-Westminster constitutional enactments or not, assessed through cabinet-level discussions, in Colonial Office deliberations on settler agitation, illustrates missteps and failures as well as the particular ways in which diverse features of imperial constitutional design emerged. Examining these points is timely given Linda Colley’s focus on a ‘contagion of constitutions’ in the late eighteenth and early to mid-nineteenth centuries.