WELLINGTON SETTLERS' CONSTITUTIONAL ASSOCIATION.

Lyttelton Times, Volume II, Issue 88, 11 September 1852, Page 10

WELLINGTON SETTLERS' CONSTITUTIONAL ASSOCIATION.

The report of Mr. Fitzherbert's observations at the late meeting of the Settlers' Constitutional Association, which, for some unexplained reason, did not receive insertion in the Wellington papers, has been handed to us for publication. Mr. Fitzherbert read the next resolution, and observed that he felt particular satisfaction in moving its adoption by this meeting. The greater, indeed, on account of his having formerly entertained an opinion the reverse of that expressed in the present motion. Several years ago, shortly after the arrival of Lieutenant Governor Eyre in this settlement, he (Mr. Fitzherbert), together Avith Captain Salmon and another, waited on the Lieutenant Governor for the purpose of representing the unsatisfactory state of the law as respected the shore whaling parties, and urging the introduction of an ordinance for their better regulation. After a lengthened interview and a patient attention to their statements, they were dismissed by Lieutenant Governor Eyre, with the assurance that he fully coincided Avith their views, but that it was quite needless for him to go further into the subject as the Colonists would immediately have the management of all these matters placed in their own hands, and then they avouM be able to legislate for themselves, (alluding to Lord Grey's constitution which Avas then expected to be introduced without delay). The members of the deputation retired satisfied Avith this assurance ; but when they afterwards found that the promised measure of self-government Avas withheld, they certainly did think that Lieutenant Governor Eyre had only acted the part of prevarication and misrepresentation which had been so frequently adopted by the Governors of the colony, and felt much dissatisfied. Noav, however, that the plain and truthful statement of Lieutenant Governor Eyre had become fully knoAvn to the colonists by his speech in council, and by his despatches published in the Blue Book, a to-tally-different opinion, and one highly creditable to the Lieutenant Governor was entertained by them. The mention of LieutenantGovernor Eyre's speech in Council led to the consideration of another question, which seemingly affected that gentleman alone, but Avas in reality of much importance to ourselves. Mr. Eyre came out, holding two commissions,—as Lieutenant Governor of New Munster, and as Lieutenant Governor of New Ulster also. The Association Avas aware that in case of the two commissions being held by different individuals, the Lieutenant Governor of New Ulster, in case of the death or absence of the Governor-m-Chief, tool* precedence over the LieutenantGovernor of New Munster. That the charter likewise contained a power, by which a provisional Lieutenant Governor might be created in either province, under a co'lonia appointment, to be confirmed by the Queen. But he

could only hold office during the absence of the Lieutenant-Governor holding a Royal commission. General Pitt was so appointed in New Ulster, and after -his death Colonel Wynyard. But by a late Gazette, we perceived that Colonel Wynyard was now appointed LieutenantGovernor of New Ulster under the Queen's signet and sign manuel. This Avas in fact a re-appointment, under the Queen's commission not a simple confirmation of the Colonial com-' mission, and its effect Avas to supersede Lieutenant Governor Eyre, as Lieutenant Governor of New Ulster. Consequently, in case of the recal, absence on death of Governor Grey, Col. Wynyard Avould take precedence of Mr. Eyre. He, Mr. Fitzherhert, had heard much of the advantages attached to the name of capital. These advantages, he thought,accrued more properly to the seat of the general government, whereever that might be. Now the strong probability was, that Colonel Wynyard would govern from Auckland, Avhile Mr. Eyre, with at least equal probability, Avould govern from Wellington. It was to be observed, that Colonel Wynyard's appointment was made shortly after the arrival in England of Governor Eyre's speech in Council concerning Representative Institutions, and of the comments which Governor Grey may be expected to have made upon that speech. The coincidence was at least remarkable ; and the Association could draAV their own iuference. It certainly would appear as if this mark of disgrace had been put upon Governor Eyre in consequence of his straight-forward utterance of the opinions and Avishes of the colonists. Before concluding, he (Mr. F.) would take occasion of adverting to the purposely guarded terms in which the resolution had been couched. He believed that the estimation in which Governor Eyre's conduct had caused him to be held Avould justify a very much stronger expression of kindly feeling on the part of the colonists; but the Association kneAV the temper of the Colonial Office ,and with what suspicion it would be likely to regard a Governor tOAvards Avhom any marked demonstration of confidence should have been made by the colonists; and that therefore, in order to avoid arousing that jealousy, and doing a positive injury to a person Avho had merited only their regard, the resolution had been toned down into a bare statement of satisfaction. It was clear, on the other hand, that the Association could not allow itself to be entirely fettered in its expression of opinion by such considerations, and consequently the resolution, as it now stands, Avas offered for their approval.