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New Zealand Times, Volume XXIX, Issue 4255, 9 November 1874, Page 2

The telegraphic summary of Sir George Grey’s second petition, which appeared inFriday’s issue, makes him out quite at sea in respect of the power of the Assembly in 1808, and subsequently, to localise land revenue and make other provision for the purchase of native land. Putting the policy of the “ compact,”. as it is called, out of consideration, the legal position lies in a.nutshell. The 62nd sectioirbfthe original Constitution Act required the Governor, independently of the Colonial Legislature, to provide out of the land fund for the purchase of native land and for the payment of the New Zealand Company’s debt. The resolutions of the two Houses in 1860 of course had no legal effect, and an Imperial Act was required to enable that effect to be given. For that purpose the Imperial Parliament passed an Act in 1857, (Constitution Act Amendment Act, 20 and 21 Viet., cap. 53), the Ist section of which expressly repeals “ so much of “ section sixty-two of the said Act (Con- “ stitution Act) as authorises and requires “ the Govei'nor to pay out of the revenue “ arising from the disposal of waste lands “ of theOrown suras onaccountof the pur- “ chase of land from aboriginal natives “ and sums payable to the New Zealand “ Company.” Moreover, the second section empowers the General Assembly to suspend, alter, or repeal, any of the provisions of the Constitution Act, except in certain specified sections. Section 02 is not included in that excepted list, and therefore was placed, so far as it was not already repealed, within the power of the General Assembly. In 1858, the General Assembly, acting under the authority conferred on it, passed, amongst other financial measures, the Land Revenue Appropriation Act, 1858, and the Public Debt Apportionment Act 1858, which expressly made provision for the localisation of the laud fund and provision from other sources for the purchase of native land. Fancy using the argument, as this second petition docs, that this legislation was effected without the knowledge of the provinces, knowing as Sir George Grey! does what the composition of the two Houses was and still is, and that in the House of Representatives Superintendents and Provincial Councillors wore “as 1 ‘ thick as leaves in Vallombrosa.” The appeal to Superintendent Williamson is the more ludicrous as Mr. Williamson in 1856, (though not then actually Superintendent, but twice a candidate for the office, and shortly afterwards Superintendent), voted for the “ Compact” resolutions.