GOVERNOR GREY'S INSTRUCTIONS.
Eitractof a Despatch from Lord Stanley to Governor Grey, dated Downing -street, 27 th June, 1845. Yon will observe that in my despatch of the 11th Nov., 1844, while I sanctioned Capt. Fitzroy's waiver of , that right, subject to the condition which he then imposed, I was of opinion that a yet higher fee might have been paid ihan he required oh such transactions. You will of course, recognise any sales which he may have sanctioned under liis last proclamation, reducing the fee to one penny per acre ; but with my present in for1 malion, I am bound to say that this appears to me to have been a most impolitic arrangement $ and 'I should earnestly impress upon you the inexpediency of allowing such purchases for the future. * • •' * Another subject to which your attention will have to be directed, will be the demand which
will probably be made for the extension of representative government to New Zealand. By Representative Government, I mean the constitution of an elective assembly, with general powers of legislation for the colony. I should be very glad, if I could think that, in the present condition of the colony, it was practicable to adopt this course ; but the objections to it appear to me to be insuperable. The first of these natufally arises from the position of the native inhabitants, whom, I consider it would be equally impossible to adjnit to the exercise of the franchise, and unjust to subject to the control of a popularly elected body, not only not representing their interests, but in many respects having interests altogether opposed to theirs. But an additional and very serious difficulty presents itself in the small number and extreme dispersiou of the European iuhabitunts. The distances bet jveen the various settlements are so great, and the means of communicating between them are so restricted, that even if it .weje possible to find in each of them persons properly qualified to represent the interests of their, several constituencies, such persons would not have the inclination or the leisure to resort to the capital, and abandon their own pursuit*,. for the .length of time requisite for the sitting of the legislature. For these, among other reasons, I think the ade mission of the representative system <w ' for the present impracticable; and I would therefore have you direct your attention, and that of thcolonists, to the formation of local municipal bodies, with considerably powers of taxation for local purpose*, ancf of making the necessary byelaws, leaving the more general powers of legislation vested in the Council as at present constituted. Looking to the peculiar circumstances of New Zealand, I should not object to extend the authority of those local bodies over a considerable district of the surrounding country, of the extent of which you would in each case be the judge, having in view the local circumstances, and especially the facilities of forming (he districts so as not to include- any large number of natives. Those who might happen to b.e interspersed with the\ Europeans in small numbers, would of course be admitted to all the privileges and subject to all the restraints and obhgationsof the local laws and regulations. On these bodies I think you will find it advisable to throw, as far as possible, the burthen of so much of the expenditure of your government, as can fairly be considered to be a local character ; thus endeavouring to obviate objections which might b& raised to the disproportion between the taxation of any particular locality, andjthe benefit derived to it in the expenditure of the public revenue. In ray despatch of the 13th instant, I adverted shortly "to the rela'tidns between her Majesty's government, and the New Zealand Company, thejearly settlement of the pending questions, respecting the Company's claim to land, is of paramount importance towards the adjustment of the affairs of the colony'} and it is far more necessary to take effectual steps for bringing thesediscussions to a finali and if possible, to a satisfactory conclusion, than to re-open questions of Strict "right, or carry on an unprofitable controversy. Her Majesty's governmeHt.Jiad entertained the hope that the instructions already given to .Captain Fitzroy would have had ther Effect of.purting theiCompany.'s settlers in undisturbed possession of the amount of land assigned to them by the award of Mr. Pennington. It is, however, alleged by the Company, tbat up tothe period of their latest information, they had not received, although they had made frequent and urgent applications, even a'conditionalgrant ot' the smallest portion of territory! • I do not understand it to be denied, ihat many of their settlers are in undisturbed occupation of their land, but it is asserted that they have not as yet obtained any valid titles to it ; unfortunately on this, as on many other points, Captain Fitzroy has left me without the means of judging of the cotrectness of those representations. It will be one of your first duties to make me acquainted with the exact state of the case, as between her Majesty's government and the Company. You will report the number and the extent of the claims made by them ; of the absolute and conditVmal grants issued to them, and the reason* whieXmay in any case have led to a non-coin» pliance \n the patt of the local authorities with my instrubtfons of May, 1843. You will then call upon th<* Agent of the Company to specify to you, wi>th th^ least possible delay, the whole of the lands, whkh on } the part of, the Company, he desires to select, in virtue of Mr. Pennington'* award ; and you will offer to him, at once,' conditional grants of the Vihole of them, in conformity with my former insidious j it is of course impossible for me to estimate the proportion of ithose grants, which may be ultimately undisputed. I can only repeat tp you the instructions which I have already given to Captain fotzroy/to endeavour by amicable co-'operation^yvUh Colonel Wakefield, to remove obstacles arising from'unsatisfied native claims, and to discourse, as far as lies in your power, any exorbitant or extortionate demands on the Company on this head.
Takapuna. — In our last number, we adverted to a recent attempt at robbery in this district. On Monday last, the offender, Hira/a son of Tf avvau, the chief of the Nga~te-whatuas,~appeared at the Police oftice to answer to the charge, MrClarke being on the bench with the Police Magistrate. Mr. Hennessy deposed to the facts, that Hira having entered his house "burglariously, after dark, and^iat hearing the noise, he rose from his bed, and secured Hira,,who had a bundle under his blanket, containing to the value of £3 165., Hira likewise took a bag containing flour to the value of four shillings. Mr. MVurant was present on tne occasion, and' explained the charge, which Hira acknpwle'dged to J>e correct. The Magistrates after conferring on the matter, decided that Hira should pay four 1 times the amount of property attempted to be stolen,— namely, Sixteen Pounds.
We cannot too highly applaud the discretion and firmness of the Chief Police Magistrate on this occasion. His remarks to the aggressor were most excellent and pertinent, and on Kawau and the other natives present, they made a great impression.
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Bibliographic details
New Zealander, Volume 1, Issue 31, 3 January 1846, Page 2
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1,212GOVERNOR GREY'S INSTRUCTIONS. New Zealander, Volume 1, Issue 31, 3 January 1846, Page 2
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