SIR GEORGE GREY'S PETITION TO HIS EXCELLENCY SIR JAMES FERGUSON.

New Zealand Herald, Volume XI, Issue 4045, 29 October 1874, Page 9 (Supplement)

SIR GEORGE GREY'S PETITION TO HIS EXCELLENCY SIR JAMES FERGUSON.

Sir George Gbjst has prepared a petition to the Governor, which will be found in our columns to-day. It is less a petition than a State paper, and cannot fail to arouse with trumpet tones whatever there may be of Provincial feeling and Provincial opinion from end to end of the colony. It rings on the ear like the neigh of an old war-horse, and abounds with facts and thoughts new to many of our readers, but claiming the careful consideration of all. The petition may be regarded as a full and masterly statement of the Constitutional question from a Provincialist point of view, and the Reform League may find in it a basis on which to act in expounding the Centralist opinions to wliich they have avowed their adherence.

The petition is addressed to the Governor and its objcct is to counteract, in the first place, any attempt that may be made by Mr. Vogel, while in England, to obtain powers for the Assembly to deal directly with radical constitutional changes. A second object is to induce His Excellency to call the Assembly together at an early date, with a view to proper and full investigation of the changes proposed, and adequate discussion thereon. Sir George does not leavo any doubt as to his own opinion. He is a Provincialist of the purest water. In his view the Provincial, or as he styles it, tho federal system, is the fruitful parent of peace, content, and plenty. It is the great popular educator and the means whereby men are trained to the calm discussion and wise conduct of public affairs. It opens a field for legitimate ambition and enables us to make laws without sending them for the Imperial sanction. "A few years of such a system of Government," says Sir George, " must make all educated men to some extent statesmen, must call into existence an intelligent and contented community prepared to meet any difficulties that may arise, with moderation, fairness, and enlightenment, whilst a perfect guarantee is afforded that the spirit of the population shall not bo broken or their lives embittered by oppressive privileges being given to any separato caste." Having, in unqualified terms, expressed his own admiration for the federal system, Sir George draws attention to its great effects in the United States, the manner in which the German race is being drawn together by it under Prussian influence, and various nationalities united under that of Austria. He shews the tendency to union of various races in Russia, and of the Latin-speak-ing peoples in France, Spain, and Italy. He points on the other hand to tho grand dominion over which our own flag flies, but which is allowed to remain a disintegrated body of isolated and very often of rival communities. New Zealand is the only British . colony which has been endowed from the first with federal Government. Canada has since adopted it, and the great colony of South Africa, of which Sir George Grey was for many years Governor, is now loudly lamenting that it had not an opportunity of effecting by federation a thorough, instead of a mere seem-, ing union, throughout its wide bounds. The petition then sketches with a vigorous hand an outline of the New Zealand Constitution. It points out that by that Constitution four estates were created —the Governor (with the prerogatives of the Crown), the Upper House, the Lower House, and the Provincial Councils. Each has its rights and its duties, and it is as gross a usurpation in liis view, for the Assembly to absorb, of its own free will, the Provincial Institutions created by Imperial Act as it would be if they abolished all the Corporations and took the control and revenues of the towns into their own hands. No instance, says the petition, is known among Englishmen of independent, freely-elected Legislatures being so swept away. The provinces are referred to as separately exceeding in extent many important British colonies, and it might have been added, nearly all of the older States of the American Union. The General Assembly is referred to as in its essence a nominated and not a popular body, two branches being nominated by the Crown, namely, the Governor and the Upper House, and objection is taken to the present position, which compels the Crown, through the Governor, to identify itself with parties. The Governor is appealed to, as the representative of the Crown and the guardian of the Constitution, to see that no one branch of the Government is allowed to encroach upon the other without the opinion of the people being clearly, deliberately, and unmistakably expressed beforehand. Changes of the kind contemplated in the Abolition Resolutions of last Session are protested against as null and void, and exceeding the powers of any one branch of the Legislature. It is also held that the Provincial Governments themselves can only abdicate their functions " on condition that the whole Con- j stitution should be re-cast and the Assem- ■ bly consituted in a manner more conso- . nant with popular rights and English feel- j ing." Failing this, " the Legislature, which was least truly representative of the j people, would strive to destroy those . bodies which were more truly representa- '. tive and independent." I

Sucli is a brief outline of this important document, to which we invite the earnest and careful attention of our readers. It appears to be Sir George Grey's intention to send it with his omt signature alone if no others are obtained ; bat if we understand his letter to gtlie Superintendent aright, he will be very glad that any who think with him, should have the opportunity of signing the petition, and we presume that His Honor will take steps to that end. For our own parts we welcome heartily the appearance on the platform of a statesman so experienced and able, and, however differing from our own views, hope to find him receiving the respectful attention which his arguments and position claim. .Radical changes in the Constitution are of too much importance to be idly or lightly undertaken. They involve the future more deeply than the present, and will mould the destinies of generations yet unborn. In one part of the petition we observe that Sir George says "relying upon this Act of Parliament and contented with the great freedom they 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." If we are to infer from this paragraph that Sir George is ready under a different order of affairs to re-enter political life, we feel assured that he will be heartily welcomed and will have no difficulty in finding many constituencies ready to seek him as tlxeir | representative, while the whole colony will be glad to see him again taking an , active part in ita affairs.

1 Wa subjoin the correspondence which 1 has already taken place, also the text of the petition forwarded by Sir George Grey (through His Honor the Superintendent) to Sir James Ferguson, relative to the proposed constitutional changes :— To the Editor of the Herald. Sik, —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.8., together with a copy of the enclosure thereto, being a petition addressed by him to his Excellency the Governor of this colony. As you will see, Sir George Grey desires that his petition shall be made public. I trust that you will be good enough to give it publication accordingly in your paper—l am, &c., J. Williamson, Superintendent. Superintendent's Office, Auckland, 20th October, 1874. Sir, —I have the honor to enclose to you, for transmission through the proper channel, a petition to his Excellency the Governor, praying His Excellency, for the reasons therein stated, immediately to call together the General Assembly of New Zealand, and to adopt other measures to prevent Parliament from being hurried into taking any step for abolishing Provincial Institutions in these Islauds, or from authorising their abolition, until the preliminary constitutional steps have, in the first instance, been taken. 1

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 rirfit. Any recommendation in favour of the prayer of the petition coming from yourself, as the Superintendent 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, that then no number of signatures ought to give it weight; whilst if it is, as I believe, of vital importance, that then tho matter contained in the j>etition, 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 long 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 ill such a matter without my fellow-colonists knowing what I am doing.—l have, &c., (Signed) G. Guey. To His Honor the Superintendent of the Province of Auckland. Kawau, October 14, 1874. To His Excellency the Governor of New Zealand. May it please your Excellency, Tho humble petition of Sir George Grey, of the island of Kawau, respectfully represents as follows :— That Her Majesty appoints the Governor of the colony of New Zealand, to exercise the powers 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, aud Provincial Governments. These are all creations of the same 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 tho Governor is bound by his duty to protect each of these estates in the exercise and enjoyment of their respective powers and privileges ; that he is for some acts responsible to the General Assembly, and for some acts responsible to the Provincial Government; and that no advice 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 Represeutative Constitution Act assures to them. The fear, and that for obvious reasons, would always be that that 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 past returned members to the House of Representatives to exercise the powers conferred upon such representatives by the New Zealand Representative Constitution Act, and no other powers, nor could tho electors confer any other powers upon them; and any other powers which such representatives may exercise, or claim to exercise, or may have exercised, and all acts at any time done or now about to be done in pursuance of such assumed powers are and always have been absolutely null and void, and of no effect whatever.

That by the said New Zealand Representive Constitution Act most valuable privileges, rights, and liberties were assured to the subjects of Her Majesty residing in these islands by the establishment of provinces therein, and of a Provincial system under which they are allowed to elect their own Superintendents or Governors for a term of four years for large districts of territory, in some instances exceeding in extent what are regarded as important British colonies. That any parent in these isLmds may thus hope to see his child, if a deserving man, raised by his fellow-colonists to a high and useful office. A worthy object of ambition is also opened out to all, which fact cannot fail in process of time to exercise a most important influence upon the character of the people of New Zealand, from whom, as 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-colo-nists have by these same institutions the very unusual 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 disputes 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 oi 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 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 statasmen—must call into ex- \ istenee an intelligent and contented commu-

nity, prepared to most any difficulties that may arise with moderation, fairness, and enlightenment, whilst a perfect guarantee is 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 shew that it is to the want of the education of populations in and by such institutions that practical slavery, misgovernment, persecution, ignorance, ferocity, bloedthirstiness, and a galling disparity in wealth and rank are mainly to be attributed. That the Provincial or Federal system has been perfectly successful in this country. That, under its influence, prosperous communities have grown up, 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 prevail.

That yr.ar petitioner hoped that this federal - item might have helped to solve m my of the political difficulties of the future. Tha"; i.;.,jly hereafter the whole Englishspea.:u>g race might have been welded together in some such federation, and a degree of jieace, prosperity, and commerce thus insured for mankind, sueli as no previous age of the world has witnessed.

That your petitioner sees every person of tho Russian race convinced that their country is marching on to a great future, which they have before them. The same feeling prevails in the 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 into isolated 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 thorn no future is opened out, and your petitioner would dread to see a federal system abolished which, he trusted, oflered the prospect of a solution for these difficulties. Indeed so successful had the federal system proved in this colony, that it was adopted in Canada. That it 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 Cape colony has recently stated that, if that Government had been allowed to re-unite 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 is, ho is afraid federation is still far in the distance.

That tho before-mentioned privileges and other rights confirmed to the inhabitants of New Zealand for watching and controlling the public expenditure, and for guarding against an unjust and partial 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 composed of three estates, a Governor, a Legislative Council, and a House of Representatives, which form of Legislature was imposed upon this country by or under an Act of Parliament in which its inhabitants were not represented, the Crown reserved to itself the right of nominating two out of the three estates of sueh Legislature, viz., the Governor and the Legislative Council, the members of which body are nominated by the Crown for life. That your petitioner and his fellow-colonists are thus only directly represented in one branch of the said Legislature, and are subjected to a Constitution repugnant to that of Great Britain. That the Crown derives no advantage from this power of nomination being reserved to it. For it has here no rights or privileges to protect against popular encroachment, and can but have in view to secure the 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 identify itself with parties in this country and to give its aid in party strife, which must result in its becoming ultimately obnoxious to some portion of its subjects in tills country.

That your petitioner believes that the entire freedom the inhabitants of this colony enjoy, in the election of their own Superintendents or Governors and in their own Provincial Institutions, aud the means they thus possess of rewarding eminent public men, are of greater value to them on account of the steps recently taken by the Colonial Department to reward the public men of this country by the creation of two new honors, each of which, both in an Imperial and Colonial 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 Britaiii 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 each House of Parliament and by almost the entire nation, and was abandoned as being unconstitutional and contrary to 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 acta of that Assembly, and ought therefore to continue any protection to weak and truly representative bodies of Her Majesty's subjects against the encroachments of such Assembly, which Parliament has hitherto afforded to them, and that Her Majesty's advisers should therefore 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 difiiculties. 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 Now Zealand, to alter the boundaries of existing provinces, and to make laws respecting the election of members of Provincial Councils, and the powers of such 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 elected 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 and necessary precaution, as the very 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 this Act of Parliament, anil contented with the great freedom tliey 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 lias, however, recently proceeded to consider the question of the abolition of the provinces in the North Island of New Zealand, and to pass resolutions, and to take other steps in relation thereto, which, if ca ?°- ried out, your petitioner believes will result in the total abolition of the system of Provincial Government throughout New Zealand. . That your petitioner is also now crediDly informed that the Premier of the colony has

recently gone to England, and that one of the objects of each, proceeding on his part is to endeavour to obtain an alteration by the British Parliament of the New Zealand Con stitution Act, in order that powers may bo conferred upon the General Assembly of New Zealand enabling it to abolish, either in whole or in part, the existing provinces and Provincial Governments in New Zealand. the Imperial Government, which has so many weighty duties to discharge, ought not to be drawn unnecessarily into inter fenng in a local question of this kind with an important colony, and that every good subject will strive to keep Her Majesty and Her Majesty's advisers clear of such questions. That the British Parliament ought not to be led without due warning, without the full knowledge of the people of this country, I and without the several and separate Provincial Governments being first heard, to pass an Act which would ttosL-oy complete representative institutions in tiiis colony, and would, therefore, -ire.cly augment the responsibility of the British Parliament to the inhabitants of New ;-j land, for the consequences which nay how ;r :.m :he mr •- ■ sures of the General Aasesjblv |

That the only manner in .-"inch /our pc .- tioner and his fcllow-coloi:ls"..i can become aware of the representation ; i ready made, or about to be made to tiie j >1. - Government to induce Parliament to uter the New Zealand Constitution Act, and of your Excellency's recommendations and suggestious in relation thereto, which must have a very important influence, i 3 by all the papers connected with this subject being laid without delay before the General Assembly, accompanied by explanations from the present Ministry. •- ci«t 05

That unless such information is at once afforded, it will be impossible now to devise and take measures in time to prevent Parliament from hurriedly taking a step which it would certainly hereafter regret having taken, and whieii, if taken, would create a feeling between this colony and Great Britain which would ultimately bear ill fruit.

That your petitioner believes that there is 110 instance (unless it has been accomplished, by tyranny or by a revolution) of independent freely-elected Legislatures, established by law amongst an inoffensive and industrious people, being swept away without the consent of each of such Legislatures, and consequently of those whom they represent having previously been obtained by an Act passed by itself.

That any Provincial Government that might in that matter abdicate its functions would probably only do so 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 feelings, at the same time stipulating upon an equivalent forrights resigned, andforlosses past and prospective. That your petitioner would therefore deem any attempt to induce Parliament to lend itself without full information aud 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 tho Provincial Institutions now enjoyed by the people of this country as wrong, 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 boundeu duty to your Queen and country, no less than to New Zealand and the Provincial Governments, to whom by law your Excellency owes independent duties, to prevent Parliament from being surprised into 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 this colony.

That your petitioner humbly prays that your Excellency wil be graciously pleased so to summon the General Assembly of New Zealand.

That your petitioner further prays that a copy of this, his humble petition, may at once be transmitted to Her Majesty's Government, with a respectful request that it may be laid before Parliament.

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 person constitutionally or in point of law qualified to negotiate or communicate with Her Majesty's Government on the subject of the abolition of the Provincial Institutions of this country, and that any negotiation for such a purpose at present entered upon would be an illegal and unconstitutional act on the part of both parties to sucli a negotiation, in violation of the rights, liberties, and privileges assured to the people of w Zealand by the Act giving a representative constitution to this colony, and an unnecessary public error, as there are proper and constitutional means of settling the whole question. And your Excellency's humble petitioner, as in duty bound, will ever pray. (Signed) G. Grey. Kawau, October 14, 1574.