Sir George Grey on the Pro posed Constitutional Change.

Bruce Herald, Volume VII, Issue 643, 23 October 1874, Page 7

Sir George Grey on the Pro posed Constitutional Change.

The ' New Zealand Herald ' publishes the following letter, addressed to that journal by the Superintendent of the Provincej enclosing a petition from Sir George Grey, which will be simultaneously published in Auckland : —

To the Editor of the 'Herald.' Superintendent's Office, Auckland, Oct. 20, 1874.

Sir, — I have the honor to forward to you the enclosed copy of a letter, addressed to me as Superintendent by Sir George Grey, K.C.B , together with a copy of the enclosed thereto, being a petition addressed by him to his Excellency the Governor of this Colony, As

you 'Mil' ! see, l Sir s George ' ■ ! Grey desim that his petition shall be made public. "J trust that you will be good enough t< give it 'publication accordingly in you) paper. I am, &c, J. Williamson, Superintendent. To his Honor the Superintendent of the Province. Sir, — I have the honor to enclose tr you, for transmission through the proper channel, a petition to His Excellency the Q-overnor, praying His Excellency, foi the reasons therein stated, immediately to call together the General Assembly of New Zealand, and to adopt other measures to prerent Parliament from being hurried into taking any steps for abolishing Provincials institutions in these islands, or from authorising their abolition, until the preliminary constitutional steps have iD the first instance been taken. I beg that you will give the prayer of this petition such support, or that you will obtain for it such support or signatures, as you may think right. Any recommendation in favor of the prayer of the petition coming from yourself, as the Superinten dent of so important a Province, and as such the representative of so large a Provincial constituency, must carry great weight with it. In this part of the Colony we are a very scattered community —so scattered, that I have not attempted to obtain signatures to the petition. I feel that if what I have stated is of no importance, then no number of signatures ought to give it weight ; whilst if it is, as I believe, of vital importance, that then the matter contained in the petition, and not the number of signatures I might have obtained to it, is in truth what all candid men will consider. But under any circumstances, time so pressed as to admit of no delay for the purpose of obtaining signatures. I should be glad that this petition should, if possible, be published, as I do not wish to take any important step in such a matter without my fellow colonists knowing what I am doing. — I have, &c, (Signed) G. Grey. PETITION. Kawau, October 14th, 1874. To His Excellency the G-overnor of New Zealand. May it please your Excellency, the humble petition of Sir George Grey, of the Island of Kawau, respectfully represents as follows -. — ! ' Tl^at Her Majesty appoints the Governor of the Colony of New Zealand to exercise the power belonging to the Queen by prerogative, as well as the powers conferred on the Governor of this country by or in pursuance of the New Zealand Representative Constitution Act. That any acts performed by the Governor in excess, or in violation of such above stated powers, are unconstitutional, in violation of Acts of Parliament, and of the rights and liberties of the people of this Colony, and would, in your petitioner's belief, be hurtful to the interests present or prospective of Her Majesty's dominions. That the New Zealand Representative Constitution Act establishes in New Zealand a Constitution of four estates, the Crown or its Governor, a Legislative Council, a House of Representatives, and Provincial Governments ; these are all creations of the home Act of Parliament. They have no powers but such as they derive from that Act — their powers are all carefully balanced. They form one whole, which is the representative Government of this country. That the Governor is bound by his duty to protect these estates in the exercise and enjoyment of the respective powers and priviliges ; that he is for some acts responsible to the General Assembly, and for some acts responsible to the Provinciftl Grovernmenta ; and that no aJyice given to him by one or more of these estates will justify him in attempting, directly or indirectly, to deprive any other estate or estates of existence, or of powers or of privileges which the Representative Constitution Act assures to them; the fear, and that for obvious reasons, would always be, that the legislature which least truly represented the people would strive to destroy those bodies which were most truly representative and independent. That at the various elections for the General Assembly, the people of this Colony have for many years pasjb returned members to the House of Representatives to exercise the powers conferred upon ouch representa : tives by the New Zealand Constitution Act, and no other powers, nor couid the electors confer any othpr powers upon them ; and any other powers which such representative may exercise, or claim to exercise, or may have exercised, and all act« at any time done or now about to be done in pursuance ot such assumed powers, *»£6j and always have been, absolutely null and! void, and pjT po effect whatever. That by the said New Zealand Representative Constitutional Act most Sftpijrilpges, rights, and liberties, were ' assured fc# the subjects of Her Majesty residing in New Zealand by the establishment of Provinces therein, and of a Provincial system under which they were allowed to elect their own Superintendents op jS-pvernments for a term of four years, for large dis^riptg of territory, in some instances exceeding ip extent what are regarded as important British polonies. That any parent in these islands may thus hope to see his children, if a deserving man, tailed bj his fe).low colonists to a high and useful oisce; worthy objects of ambition are also opened out to all, which fact cannot fail iii process of time to exercise a most important influence upon the .character of the people of New Zealand, from whom, ag being the inhabitants of a mere dependency of a great nation, many of the most worthy and ennobling objects of ambition are cut off. That your petitioner and his

fellow-colonists have, by these same institutions, the very funusual right confirmed to them of making their own laws upon all local subjects without such laws being sent home for the confirmation of the Crown, whereby one great cause of probable danger of dispute ultimately arising between the Colony and the mother country is removed, and the inhabitants of Provinces have assured to them the entire right of the expenditure of their own funds, and freedom from any interference on the part of the home Government to compel them to incur any expenditure of which they may disapprove, which is a privilege not enjoyed by the General Assembly. That under the system of Provincial Government a large portion of the population of these Islands is trained to the discussion of political questions and to the exercise of political functions, whilst many of them are being educated in the art of Government. This country also possesses at convenient points Councils composed of members chosen by the people anxious to earn the approval of their fellows. These Councils possess perfect freedom of debate, and abuses can in them be at least exposed, if not redressed. A few years of such a system of government must make all educated men to some extent, must call into existence an intilligent and contented community, prepared to meet any difficulty that niay ijOa with moderation, fairness, and enlightenment, whilst a perfect guarantee ia afforded that the spirit of the population shall not be broken or their lives embittered by oppressive privileges being given to any separate caste. That your petitioner confidently appeals to the histories of all nations, and of all times, to Bhow that.it is to the want of the education of population in and by such investigations, that practical slavery, mißgovernment, persecution, ignorance, ferocity, bloodthirstiness, and a galling disparity in wealth and rank are mainly to be attributed ; that the provincial or federal systems have been perfectly successful in this country; that under its influence, prosperous communities have grown up, and have marvellously increased in population, wealth, and enlightenment ; that vast, and sometimes appalling, difficulties have been met and overcome, and that general contentment and well doing prevails. That your petitioner hoped that the federal system might have helped to solve many of the the political difficulties of the future. That, happily, hereafter, the whole Englishspeaking race might have been welded together in some such federation, and a degree of peace, prosperity, and commerce thus ensured for mankind, such as no previous age of the world has witnessed. That your petitioner sees every person of the Russian race convinced that their country is marching on to a great future which they have before them ; the same feeling prevails in tbe United States of America ; the German and Italian speaking races are federating into separate great empires, with a view to future progress. The dependencies of the British Crown alone appear to be utterly neglected, to be formed by degrees intoisolated communities, often with questions unnecessarily created between them which are likely to give rise to future disputes. In some instances they are absolutely abandoned; for them no future is opened out, and your petitioner would dread to Bee a Federal system proved in this Colony, adopted in Canada (?) That is what was ordered by Her Majesty's late Government, if possible, to be introduced into South Africa, although they had up to this time been opposed to that measure, and that the Governor of the Colony had recently staled that, if that Government had been allowed to reunite the whole of South Africa when it might easily have been accomplished, he would have had very little apprehension for the future • but, as it was, he is afraid Federation, i§ stil). far }n the distance. That the beforementioned privileges and other rights confirmed to the inhabitants of New Zealand for watching and controlling the public expenditure, and for gu.ard.ing against an unjust and. paptial alienation of public lands by the scrutiny of a local freely elected legislative body, are of the greater value to them, because in. the General Assembly of the Colony, which is comprised of three estates — a Governor, a Legislative Council, and a House of Representatives — which form of Legislature was imposed upon this country by ov unpler $n Apt pf parliament, in Vfhich its inhabitants were not represented. The Crown reserved to itself the right of nominating two of three estates — the Governor and the Legislative Council — the u}einb.ers Qf Uody are nominated by thp Grown for jife. That yoiir petitioner and his fellow-colonists are thu.s only directly represented in one branch of the Legislature— are subjected to a £<\nstitution repugnant to Great Britain —that the Crown derives no advantage from this power of nominating being reserved to it, fop it (iajj here no right^ and privileges to protect against popular, encroachment, and can have but in view to Becure tbe welfare and preserve the affection and attachment of its New Zealand subjects, and that this power of nomination reserved to the Crown really obliges the Crown to jdeutify itself with parties in this country, and to gjye its aid in party strife, which must result in its becoming ultimately ptjno^ious tp, some portibp of its subjects in thjs cou.ntry. That your petitioner believes that the entire freedom the inhabitants p,f this Colonj enjoy jn |he. eleptjon of their own Superintendents or Governors, and in their own Proyjnci&l inetitu*;i&ns, and the means they thus possess of rewarding eminent public men, are of greater yalue to. them pp aepoun,t of tfi^ gteps recently taken b,y the Colonial Department to reward the public men of this country by the creation of two new honors, each of which, both in a Colonial and

Imperial point of view, is open to serious objection, and one of which being repugnant to law and constitutional usage, and apparently in violation of the New Zealand Representative Constitution Act, is probably void and useless. That an attempt was made to introduce into Great Britain an Upper House only, in small part similar to the Legislative Council established here, and that such proceeding was declared to be illegal, was strenuously resisted by a large majority in e:uu House of Parliament, and by almost the entire nation, and was abondoned as being unconstitutional and contrary fo law. That the Crown having been made by Act of Parliament the nominator of two estates out of three of the General Assembly, the British Parliament is to a certain extent responsible for the acts of that Assembly, and ought therefore to continue any protection to local and truly representative bodies of Her Majesty's subjects against the encroachments of such Assembly, which Parliament has hitterto afforded to them, and that Her Majesty's advisers shouldtherefore be carefully guarded by those who represent Imperial interests in this country, from unconstitutionally, hurriedly, or without full information, taking steps in this matter, as their doing so must involve them in serious Parliamentary difficulties. That for the better preservation and security of the rights and liberties of the people of this Colony, the British Parliament enacted that the General Assembly should only have power to constitute new provinces in New Zealand to alter the boundaries of existing provinces, and to make laws respecting the election of members of Provincial Councils, and the distribution of the surplus revenue between the several Provinces of New Zealand ; in other words, that body, which inasmuch as two out of its three estates were nominated by the Crown, whilst part of the remaining third estate was in various ways brought under the influence of the Crown, or of those holding the powers of the Crown in this country, could only be said to represent the people of New Zealand in a remote and imperfect manner, was by special enactment restrained from destroying, or attempting to destroy, those bodies which, together with their election superintendents, did represent the inhabitants of New Zealand in the most perfect, complete, and thorough manner that could be desired and this was a wise precaution, as the independence of the latter bodies was almost certain to excite the ill will of a more powerful body so differently constituted from themselves. That, relying upon the Parliament, and contented with the great freedom then enjoyed under Provincial institutions, your petitioner, and many of his fellow-colonists, have industriously and quietly occupied themselves with their own pursuits, and have taken no part in political affairs ; that the General Assembly of New Zealand has, however, recently proceeded to consider the question of the abolition of the Provinces in the North Island of New I Zealand, and to pass resolutions, and to take other steps in relation thereto, which, if carried out, your petitioner believes will result in the total abolition of the system of Provincial Government throughout New Zealand. That your petitioner has also been creditably informed that the Premier of the Colony has recently gone to England, and that one of the objects of such proceeding on hia p?irt is to obtain an alteratip/n by th,e British Parliament qf the New Zealand Act, in order- that powers maybe conferred upon the General Assembly of Ivew Zealand, enabling it to abolish either the whole or part of the existing Provinces and Provincial Governments of New Zealand. That the Imperial Government, which has so many weighty duties to discharge, ought not to be drawn unnecessarily ir-tp, }nter3Jermg in a local or this kind, with an Uolony, and that every good subject will strive to keep Her Majesty and Her Majesty's advisers clear of su,eh questions; and thinks tha.t . the British Parliament pu,gnt nqt to, be led without dqe warning, without the full knowledge of the people of this country, and without the several Qnd separate Provincial Governments being first heard, to pass an Act which would destroy complete representative institutions, iv this country and would therefore greatly an<jr>i3a* \he responsibility of" the parliament to the inh^b^^is of New Zealand for tho pontse^uenees which may fiow from the measures of the General Assembly. That the only manner in which your petitioner and his fellow colonists can become aware of the representation already made or afaoiit to be made to the British Government to induce Parliament to alter the New Zealand Constitution, Act, and of you,r J!:s;peUency l s recommendations and buggestions in relation thereto, which must have a very important influence, is, by all the papers connected with the subject being laid without delay before the General A^sen^bjy, ueeoaipuiiied by explanations from the present Ministry. That unless such information is at once afforded, it will be impossible now to devise and take measures in time to prevent Parliament iroxa hurriedly taking a step, wh^c.h it would certainly hereafter regret having taken, and which^ if taken, would create a feeling between this Colony and Gjrrea,t Britain which wou r l ( d ultimately bea,r ill fruit. TJjat your petition believes that tljere is no instance (unless it has, been accomplished by tyranny q? & revolution) of independent freely elected Legislatures established by law amongst an inoffensive and industrious people being swept away without the consent of eaoU of such Legislatures, an^ consequently of those th,ey represent, having previously been obtained by an Act passed b,y itself. That a Proyineial Qovern,ment that might in th,at master abdicate its functions, would probably O7ily do upon condition of the whole New Zealand Constitution

being re-cast, so that the General Assembly might be composed in a manner more consonant with popular rights and English feeling, at the same time stipulating upon an equivalent for rights resigned, and for losses pasfc and prospective. That your petitioner would therefore deem any attempt to induce Parliament to lend itself without full information and without the consent of the people of the Provinces having been previously obtained in a lawful and constitutional manner, to any plan for the destruction of the Provincial institutions now enjoyed by the people of this country as wroDg, as in breach of public faith, and as a bad public example to the whole empire. That your petitioner therefore humbly hopes that your Excellency may feel that it is your bounden duty to your Queen and country, no leas than to New Zealand and the Provincial Governments to whom by law your 'Excellency owes independent duties, to prevent Parliament from being surprised mto an act so fraught with momentous consequences for the present and future of the Colony, and for its relations with the mother country, by at once summoning the General Assembly of New Zealand to meet with the least possible delay, in order that all necessary information may be afforded to the inhabitants of the Colony. That your petitioner humbly prays that your Excellency will be graciously pleased to summon the General Assembly of New Zealand ; that your petitioner further prays that a copy of this, bis humble petition, may at once be transmitted to ncr Majesty's Government with a respectful request that it may be laid before them. That your petitioner further humbly prays that your Excellency may be pleased immediately to send a telegraphic message to Her Majesty's Government pointing out that at the present; time there is no power, constitutionally or in point of law, qualified to negotiate or communicate with her Majesty's Governrrent on the subject of the abolition of the Provincial institutions of this country, and that any nogotiation for such a purpose at present entered upon will be an illegal and unconstitutional act on tho part of both parties to such a negotiation, in violation of the rights, liberties, and privileges assured to the people of NewZealand by the Act, giving a representative constitution to this Colony, and arj unnecessary public error, as there are proper and constitutional means of settling the whole question. And your Excellency's humble petitioner, as in dutybound, will ever pray. G. Grey. Kawau, October 1-i, 1874.