Sir George Grey and the General Government Commissioners.

Bruce Herald, Volume IX, Issue 802, 12 May 1876, Page 7

Sir George Grey and the General Government Commissioners.

The letter of Sir George Grey, the Superintendent of Auckland, to the three Commissioners is as follows : — Auckland, Bth May, 1876. Gentlemen, — I have received from Sir Julius Yogel a circular note and enclosure, purporting to be instructions issued to you, copies of which are enclosed. The Act which provides a Constitution for New Zealand, gives no power or authority to any person not being one of the constituent authortiies of this province, to inquire into its financial expenditure or administration, nor delegate such powers to others. The only persons or bodies who have any lawful right to make such inquiries are the Superintendent and Provincial Council, or officers by them, or either of them, appointed, and to an extent for certain objects specified by law, the Provincial Auditor. As Superintendent of the Province of Auckland, my duty to its people, whose representative I am, and the responsibility of whose government I have, " at their request, taken upon myself, forbids me to communicate to any person or persons not legally authorised in that behalf, any information whatever, beyond that which I communicate to the public at large, unless I had been previously authorised so to do by resolution of the Provincial Council. The provinces derive their existence and their privileges from the Constitution Act, and I beg to point out to you that by prosecuting the inquiries mentioned ia the circular, you are attempting to assume control over the lawfully constituted Government of this province, which is both unconstitutional and contrary to law. I remark that the persons or body which are deputed to perform the illegal acts are [ called in the circular note " The Colonial Government," and "The Government," and the " General Government." These are altogether unknown to the Constitution Act, and to the thoughts and language of the Imperial Legislature when that Act was passed. The only Governments known to this country are the General Assembly of New Zealand and Superintendents and Provincial Councils of the respective provinces. lam aware that, by royal instructions to His Excellency the Governor, that high officer is expected to act in accordance with the advice of his Executive Council, unless he sees good reason to differ in opinion from them ; but I deny the right of that Executive Council to alter or depart from the rules and usages of Constitutional Government, or to usurp powers which belong only to the Provincial Governments, or to the General Assembly in Parliament assembled. The Executive Council are but adviserß of his Excellency, and, with all due respect to the representative of her Most Gracious Majesty, I must, aB elected guardian of the rights and interests of the people of Auckland, be watchful that the authority even of the Crown be not carried a single step further than the la^y permits. The (governor has no right to instruct you to take the steps you contemplate ; even her Most GJracious Majesty herself would have no, right, without the authority of Parliament, to instruct you so to do; and most certainly her Majesty would not sanction so unconstitutional and unlawful an act being carried out in her name, much less those who are only the Governor's advisers for the time being

have any lawful authority to authorise you to follow the course you are now pursuing. T find also that in the instructions issued to you measures are evidently contemplated not only destructive of rights and privileges of this province, but also actually opposed to provisions of " Abolition of Provinces Act, 1875," should that Act be entra vires and good law, which, however, Ido not admit. lam compelled therefore to say that I shall by all constitutional means oppose any steps which may tend in the slightest degree to compromise the rights and constitutional freedom of this province. I have the honor further to remind you of that rule of law which provides that no commands or order by a superior will avail as a defence when a person commits an act in itself unlawful. I have, therefore, to request you not to venture to attempt to carry out, within the province of Auckland, the errand on which you are professedly sent. You were appointed to the Civil Service of this Colony, and hold your respective offices in it, for the purpose of fulfilling duties imposed on these offices by the General Assembly of New Zealand. You have not lawful authority for entering on the duties you have now undertaken. In doing so you are acting outside the Civil Service of the Colony, and have become the emissaries ol a Bingle gentleman, who bad no right or power whatever to despatch you on guch a duty. If, therefore, in defiance of my warning, and in breach of lawful and constitutional rights of the province, you enter upon, or attempt to prosecute, any such enquiries within its limits, I shall feel it my duty, as Superintendent, to appeal to the proper tribunals, in order that you may be individually or collectively dealt with as they may direct. I shall cause a copy of this letter to be sent to the Provincial Auditor, at the same time calling on him to decline to give you any information, or take any action whatever, save such only as ho is authorised and empowered to give or take by law, under which, and to carry out which, he was appointed to that office, and which law, moreover, accurately defines and limits the powers and duties he can lawfully and constitutionally exercise and perform as Provincial Auditor. — I have, &c, Geoege Grey. To Wm. Gisborne, Esq., Commissioner of Annuities. Wm. Seed, Esq., Secretary and Inspector of Customs. John Knowles, Esq., U.S.P.W. Department.