DESPATCH OF GOVERNOR GREY TO EARL GREY.

Nelson Examiner and New Zealand Chronicle, Volume VIII, Issue 388, 11 August 1849, Page 94

DESPATCH OF GOVERNOR GREY TO EARL GREY.

Government House, Wellington, 20th November, 1848. jSy Lord, — I have the honor to \rantmit, in order that her Majesty's pleasure may be taken thereon, an Ordinance which I have enacted, with the advice and consent of my Legislative Council, intituled " An Ordinance to provide for the establishment of Provincial Legislative Councils in the colony of New Zealand." As this Ordinance is only intended as^an introductory step to the establishment of a complete constitution, which I regard as that which is best adapted to islands occupied in the irregular manner in which these have been, and which are inhabited by such mixed and peculiar races, and as the whole merits of the Ordinance will depend upon Her Majesty's Government approving in the first instance of the form of constitution I propose should ultimately be adopted, and then upon their considering the present measure as a proper introductory step to such a constitution, it will be necessary for me to explain in some detail my views upon this subject. At the present moment the New Zealand Islands are only divided into two Provinces, but recent deipatches which I have received lead me to believe that they will shortly be divided into three if not four Provinces. I have also received despatches which inform me that the boundaries are only to be regarded as temporarily fixed, and that they will probably be altered within a few months. It will be 'impracticable, therefore, until these details are adjusted, to attempt to introduce any system of a Representative form of Government which could present a character of the slightest permanence. I apprehend, however, that within a period of four or five years the whole of these details will have been adjusted. There is also every probability that within the same period of time the amount of European population within these Islands will have so much increased, as not to present ao striking a disparity in point of numbers, when compared to the native race, as at present, that supplies of arms and ammunition of the natives will be exhausted, that - their fondness for war will have declined, that they will have made great progress in civilization, and that their jealousy and suspicion of the Europeans will have become extinct ; and this is the more likely to be the case, as by the period of of time I have indicated, there is every probability that all disputes connected with the subject of the lands of the natives will have been satisfactorily and finally arranged. As there is thus every apparent chance that within such a short period of time the measures which have hitherto been so successful will have secured permanent prosperity and security to New Zealand, and as it is clear that when the country is in such a state, and can defray its own expenses, the European population will be very impatient under the form of Government at present in existence, I think it would be a wise and prudent line of policy on behalf of Her Majesty's Government, at the same time that they continue the exertions they have already made for the permanent settlement of the country, to carry on concurrently with these modifications in the existing form of Government, which should gradually prepare the way for a complete system of Representative Institutions, which might be brought into full and complete operation at the time that the operation of the Act of Parliament, which suspends the Constitution of this colony, expires. By pursuing this policy your Lordship will, at the same time that you are completely adjusting the affairs of the country, be preparing a form of Government which will afford every guarantee for the future maintenance of the state of tranquillity and prosperity to which the country will have been brought when it is introduced] whilst, I fear, that without some precautionary measures of this kind are taken, that by some imprudent or hasty proceedings, all the good which has. with so much cost and trouble been effected, may at a future period be speedily swept away. The following is the outline of the form of Government which I would recommend should be ultimately adopted for these Islands : — lstly. I would recommend that one General Assembly should be constituted for the whole Islands, to consist of A Legislative Council, composed of persons summoned thereto by her Majesty. And of an Assembly to be composed of Representatives returned by the several Provinces into which New Zealand maybe divided, in such proportion as the European population of each Province may bear to the European population of the whole Islands, in as nearly as the several amounts of population can be ascertained. 2ndly. I would further recommend that a Legislative Council consisting of one Chamber should be constituted in each Province into which New Zealand may be divided, to be composed of persons summoned thereto by her Majesty, and of Representatives elected thereto by the electors of each Province, one-third of the whole Conncil being elected by the inhabitants of the Province. In this Chamber the Governor or Lieutenant- Governor should not have a seat. 3rdly. I would recommend that those towns or districts which desire to have Municipal Corporations should have such Institutions bestowed upon them, but that a participation in the advan- ' tages of a Legislative Council should in no way be made dependent upon a town or district accepting a Municipal Corporatiou, or the contrary. 4thly. I would recommend that the General Assembly for the New Zealand Islands should . possess in full all the powers of Legislation which are usually conferred upon such Assemblies, and that the Governor-in-Chief, or person acting in that capacity, should have all the usual power* of giving or withholding his assent to Bills patted by the Assembly, &c &c And I would further recommend that the General Assembly should be empowered to make laws modifiying or altering either the Constitution or forms of Government, the Provincial Legislative Councils, provided always, that such laws should not come into operation until they have been laid before her Majesty in Council for [ the royal assent.

sthly. I would recommend that the Provincial Legislative Councils should possess all the powers of Legislation thattare conferred upon such Assemblies by the Ordinance herewith transmitted for her Majesty's approval or disallowance. That is, I would recommend that they should be allowed to make and ordain all such laws as they might judge expedient for the promotion of good government and order of the Province, with the following- exceptions — That it should not be competent for the Provincial Legislative Councils to make any laws repugnant to the laws of England, or to any Ordinance made and enacted by the Governor-in-Chief and General Assembly of New Zealand, and that any law of a Provincial Legislative Council which might be repugnant to any law subsequently made by the General Assembly, should cease to have any force or effect after the passing of the latter law. And that it should not be competent for the Provincial Legislative Councils to make or enact any law or Ordinance for any of the following purposes : — 1. For the regulation of Duties of Customs to be imposed on the importation or exportation of any goods at any port or place in the said New Zealand Islands. 2. For the establishment of a General Supreme Court to be a Court of Original Jurisdiction or appeal from any superior Courts of any separate Province. 3. For determining the extent of the Jurisdiction, of the course or manuer of proceeding of such General Supreme Court or of the said superior Courts. 4. For regulating the current coin of the said Islands, or any part thereof, or the issue therein of any bills, notes, or other paper currency. 5. For determining the weights and measures to be used in the said colony or in any part thereof. 6. For regulating Post-offices within, and the carriage of letters between different parts of the said islands. 7. For establishing laws relating to bankruptcy and insolvency. 8. For the erection of beacons and light-houses on the coasts of the said islands. 9. For the imposition of any dues or other charges on shipping at any port or harbour within the same. 10. For regulating marriages within the same or any part thereof. 11. For affecting Crown lands, or lands belonging to the aboriginal inhabitants, or imposing any disabilities or restrictions on persons of the native race, to which persons of European birth or descent would not also be subjected. And I would further recommend that the Provincial Legislative Councils, in making laws or Ordinances, should conform to and observe all such instructions as may from time to time be issued by her Majesty for their guidance. And that such laws or Ordinances should be made subject to the approval or disallowance of her Majesty ; and that no Ordinance of any Provincial Legislative Council should be assented to by the Governor or Lieutenant- Governor without the previous sanction of the Governor- inChief. 6thly. I would recommend that all the provisions respecting the appropriation and distribution of the revenue, and the reservation of a civil' list in each Province, which are contained in the New Zealand Charter, and are set forth in the Ordinance herein enclosed, should be retained in force with the exceptions hereinafter stated, if these should meet with your Lordship's approval. 7thly. I would recommend that the members of the House of Representatives of the General Assembly, should be returned by direct election by the voters of each Province. Bthly. I would recommend that the Representatives for each Provincial Legislative Council should in the same manner be returned for such Council by direct election by the voters of each Province. 9thly. I would recommend that the right of voting at elections should be exercised by such European subjects of her Majesty as can read and write, and who have either an estate of freehold in possession in lands or tenements, situated within the district for which such vote is to be given, of the value of thirty pounds, or who are householders within such district occupying a dwelling within the limits of a town of the annual value of £10, or in the country of the annual value of jSS. And I would recommend that such rights of voting should he exerised by such native subjects of her Majesty as are possessed of property in Government securities, in vessels, or in tenements, within the districts for which their vote is to be given, of the clear value of £200, or who may be authorised to exercise such vote by a certificate granted to them for that purpose by the Governor-in-Chief. And I should also wish, if possible, to see a power given to the Governor-in-Chief to change this native franchise from time to time by proclamation. Such proclamations being subject to be disallowed by her Majesty. The main features of the form of Government thus proposed to be introduced into these Islands are adopted from the Constitution your lordship intended to have been given to New Zealand, and its intention may, in general terms, be said to be to bestow upon each province, into which New Zealand may hereafter be divided, those large powers of self-government which their distance from the chief seat of Government, and the great difficulties at present experienced in communicating with the different portions of such extensive islands, appear to render necessary, whilst at the same time an immediate means is provided of legislating by means of a General Legislature on all those suhjects of general interest, upon which it is most important uniform laws should prevail throughout the whole territory ; and as it might ultimately be a great misfortune to the whole country to be split up into so many independent sovereign states, it is proposed to provide in the General Assembly a body which may hereafter absorb into itself many of those powers which are in the first instance given to the Provincial Legislative Councils, by constantly increasing the number of subjects on which general laws for the whole of New Zealand are made, so that ultimately, tt the means of communication are made more perfect, and the spread of population unites

the now scattered settlements into one community, the Provincial Legislative Councils may gradually more and more merge into the form of District Councils, with extended powers of legislation. The reasons which have induced me to recommend that the General Legislature of New Zealand should consist of two Chambers, a Legislative Council and a House of Representative!, are so obvious, that I need not trouble your Lordship by stating them here. I have been induced to recommend that the Provincial Legislative Council should consist of only one Chamber, because I doubt if in a young country it would be easy to procure a sufficient number of qualified persons to constitute two distinct Chambers, and because ultimately, probably a single Chamber is that form of body which is best adapted for a distinct council possessing extensive powers. It also appeared probable to me that the founders of the new settlements which are likely soon to leave England for New Zealand, auch as the Free Church of Scotland Settlement, and the Canterbury Settlement, might perhaps wish to avail themselves of the provisions of the Ordinance enclosed in this despatch, by having the members of their single Chamber (the Legislative Council) nominated by her Majesty previously to their leaving the mother country, in which case they might agree on a considerable number of local enactments before they left England, which they could pass immediately on their arrival in this country. In reference to the proportions which. I have recommended should be ultimately observed in the Provincial Legislative Council between the nnmber of members nominated by her Majesty and those elected by the people, I should state that I thought it better to name, in the first instance, such a proportion, rather than to name any specified number of persons, aa that which her Majesty might call to these Councils. Because in several Provinces, with such various amounts of population, great differences must exist in the size of the respective Councils; and in those Provinces in which the number of [the native population is a large one, it may be necessary to call to the Council the Native Secretary, the Surveyor General, and other offiers whose presence might not be required in the Councils of other Provinces. Upon the whole, therefore, I thought it better to name the proportions I have done as thoie which should be first adopted, leaving it to the General Assembly, with assent of her Majesty, to make any alterations in theie proportions, which experience might hereafter point out as necessary. It appears unnecessary for me to enter into any detail upon the subject of th» various reasons which have led me to recommend that the several powers of legislation I have previously mentioned should be conferred respectively upon the General Assembly and the Provincial Councils. The general object I have in these respects had in view, was, as I have before stated, to constitute on General Legislature for the whole territory with complete powers of legislation, who upon all subjects of general interest could pass laws which would prevail throughout the whole of the New Zealand Islands, yet, at the same tine, to make ample provision for the existing difficulties of communication, and for the scattred state of the settlements by providing legislative bodies which, whilst they had large powers for the purpose of local legislation, were precluded from legislating upon subjects of general interest. It is also proposed to prohibit them from legislating upon points connected with the natives, all such questions being reserved to the General Assembly, where the number of Representatives from different Provinces, some of which will be in no manner mixed up with native questions, will probably ensure an impartial and dispassionate consideration of such questions. I have recommended your lordship to sanction the principle of direct election of the representatives to the several Chambers, instead of causing them to be returned through the intervention of another body, because the whole of my experience in these colonies induces me to think that the system which I have recommended will work far better in practice than any other, and because I believe it will be more agreeable to the wishes of the settlers themselves. In the various provisions which 1 have introduced into the inclosed Ordinance relating to the amount of the Civil List which is to be reserved, its appropriation, &c, I have followed the exact words of the Constitution which was sent out by your lordship, the whole of these provisions appearing to me, with one exception, to be most excellent. The one I allude to is the amount of the Civil List to be reserved in each province, and in respect to that, looking to the large amount of the native population, and the turns they will contribute to the revenue, whilst they will be nearly wholly unrepresented, I think it might, upon the whole, be more prudent to reserve for the next few years, a Civil List of ten thousands pounds per annum in each province. In fact, 1 think that the reservation of a Civil List might enable Representative Institution! to be introduced into New Zealand at an earlier date than could otherwise be prudently done by reserving a sum which conld be applied for the benefit of that large portion of the native population, who, whilst they will contribute largely to the revenue, wiU, under a system of Representative Government, have no voice as to the mode in which it is to be applied, an evil which, I confess, I caa never contemplate without a great degree cf apprehension. In proposing the low rate of franchise which I have done in this despatch, I have been influenced by the desire of including amongst the voters all those persons who have acquired small properties on which they intend to reside themselves during the remainder of their lives, and to settle their children. Persons of this class have such a stake in the colony, that they will sincerely desire its prosperity and welfare. They are also, generally speaking, an extremely religious, well-educated class^ of persons, and, as owners of property, are required to make themselves acquainted with a large class of subjects which are seldom brought under the notice of. persons of their condition in England. I think, therefore, the right of giving a vote may with great safety bet left in their hands. Having thus given an outline of the form of

Government which I recommend should be ultimately introduced into these islands, your lordship will see that the measure which 1 have now transmitted for her. Majesty's approval makes all the necessary preparations for the introduction . of | such a Constitution. Parliament has already constituted in New Zealand a General Council, composed of persons to be nominated by her Majesty, which possesses all the powers which I propose should be conferred upon the General Assembly, whilst the ordinance, Ihave now the honour to enclose, creates Provincial Legislative Councils, composed of persons to be nominated by her Majesty, which Councils will possess all the powers which I propose should be eventually conferred upon the Provincial Legislative Councils. In point of fact, therefore, Ihe merits of the Constitution which I propose should be ultimately introduced into New Zealand will, in so far as the working of the several legislative bodies is concerned, both for the whole territory and for the several provinces, be immediately tested by actual practice, and any errors which may have been committed, in the faulty balancing* of their respective powers, can be readily adjusted; whilst, should her Majesty think proper ultimately to confer upon New Zealand such a Constitution as I have recommended, if the ordinance I have now transmitted is approved, there will exist at the period of t the introduction of Representative Institutions, Ist. A General Legislature for the whole islands, which can adjust the details of the whole Constitution by aiding the Governor-in- Chief with their advice as to the proportionate number of representatives which should be returned for each province, and there would also exist, in the Becond place, in each province, a legislative body, who would aid in dividing the province into electoral i districts, in proportioning the number of repreI sentatives to the several districts, in determining the polling places, and in many details which could not properly be adjusted without the intervention of some such bodies. Your lordship will see from the foregoing observations that the plan now submitted for your approval embraces an attempt, lstly. To provide an immediate effective Government for New Zealand. 2dly. To render that of such a form as to test the merits of a complete Representative form of Government which it is proposed should ultimately replace it. 3dly. To constitute a temporary Government which shall hereafter settle all the details of that Representative Government for which it is to be a mere preparation. And that the form of Government which will be actually in operation in New Zealand, if her Majesty should approve the enclosed ordinance, and until such time as the Queen's pleasure is made known will be.a' General Council for the whole islands already constituted by Act of Parliament, composed oi persons nominated by her Majesty's directions which possesses all those powers of legislation which it is proposed to vest in a General Assembly, and of a Provincial Legislative Council for each province, which could be constituted by the enclosed ordinance, composed also of persons to be summoned thereto by her Majesty, which Councils Would possess all those powers of local legislation which it is proposed finally to vest in the Provincial Legislative Councils to be created by the Constitution recommended for your lordship's consideration. The form of government therefore now in operation, is the exact counterpart of that which it is proposed finally to introduce, with the exception that it is not at present composed partly of persons so nominated, and partly of persons [elected by the voters of the colony — and secondly with this difference, that the General I Council is composed of one chamber instead of ; two. But the present form of government presents these advantages in reference to the immediate state of the country ; lstly. The members of the various legislative bodies being nominated by her Majesty, the present form of government can be brought in to immediate effective operation throughout the whole of New Zealand, without any regard to the number of inhabitants in any one Province, or to its precise boundaries, and also without any reference as to whether it hat or has not been divided into electoral districts. 2ndly. The efficacy of the various general laws which have been enacted by the General Council for the whole of the New Zealand Islands will be tested by some years' actual experience, and whilst this General Council is in its present simple form, any additions to or amendments inI these laws, which that experience may point out as necessary, can be made, so that when a Representative form of Government is introduced no immediate necessity will exist for summoning a General Assembly. 3rdly. The mode in which an attempt has been made to apportion the powers of the General Assembly and the Provincial Legislative Councils, so as to meet the local and general requirements of the country, will also be tested by actual experience thoughout the whole Islands, so that any errors in this respect will be discovered, and can be rectified before the proposed Representative form of Government is finally introduced. 4tbly. A means of carefully introducing at the proper time a Representative Government is provided by the creation of bodies which will have the requisite experience and knowledge to enable them to adjust those local details, on the proper arrangement of which the success of the measure will so much depend. I have, &c, rt-u «. ♦, (Signed) G. Guet. The Right Hon. Earl Grey.

The obtaining any species of intellectual success is most sweet to human vanity ; but, undoubtedly, those which it needs our personal presence to reap, are, if less permanent, far more intensely gratifying for the time. That those of the stage are, — even among these, the most pre-eminently so, — there can, we believe, be no doubt. In the instance of a woman, homage to her outward charms is combined with the tribute to the superiority of her genius ; and, even to the most intellectual, that homage is dear. Life clings to youth with extreme tenacity: and the stricken and weary spirit connot shake off the mortal coil from which it ardently longs to get

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