DESPATCH FROM SIR J. PAKINGTON TO GOVERNOR SIR G. GREY.

Taranaki Herald, Volume I, Issue 30, 23 February 1853, Page 3

DESPATCH FROM SIR J. PAKINGTON TO GOVERNOR SIR G. GREY.

Downing Street, July 10, 1852. . Sir, — I have now to transmit to you tho Act to grnpt a Representative Constitution to the Colony of Nnw Zealand, which bns received the Iloyol Assent. 2. When the seals of this department wore committed ti me in tho curly part of the scsiion of Parliament which has just terminated, I found tha head* of a hill fur the some purpose already in pippnrnlion under the direction*) of my predecessor. Earl Grey, and on full consideration of the subject, lior Mijeslv's Government did not he-,itato to adopt the geniral outlines of a meaiuie thui originated, which nppcirml to tln-in calculated to fulfil the expectation 1 ; of the people of New iJsaland, and to confer on them constitution il rights in a form tho must adopted to their peculiar circum. stuncuft. 3. Tho intentions with which that measure wan framed were explained liy my predecessor in n draft despatch intonded to nccompany it : that draft (ma hecn printed for pnrliament with » view to tho discussions on thin hill ; nnd I fully ndopt the views set forth in the firit 13 paragraphs of thnt draft, explaining the gencril purposes of the bill, nnd tho relation in which the Central Legislature will <;tnnd to the Provincial Councils, the only d fiorpice which it is necessary to noto being that her Majesty's Government have thought it advisable to add New Plymouth to tho number of separate provinces. We have thought it advisable here to introduce tho paragraphs in Earl Grey's despatch above re* furred to. The first of tbc«c paragraphs b^ing merely prefatory is omitted. 11. Tho New Zealand Constitutional Actof 1846, together wnli the charter nnd instructions issued in conicquencc, so far as related to tho establi»hmont of repicsentntivp institutions, were siJEpcmlei l for five yean, in 1818, inconsequence of the representations undo by yourself, of tho danger of ii - t'oducing those institutions, in pnrt at least of tli , islands, at that particular conjuncture. Uy the a;' passed in order to effect that suspension, Jane powers were vested in yourself and the cxisnn,--Legislative Council, to cs'ablish such institutionof a provisional chnractcr during the suspension as you might deem lit. 111. These powers you employed, in the first place by constituting; Provincial Councils on thi> model of tho General legislative Council. Sub' scquenlly, as the increase of the .settlement nnd (lie qu et nnd orderly condition of tho native population convinced yon thnt the dinners which you had at first apprehended, were in the course of removal, you urged on her Majesty's Government tlm expediency of commencing the introduction of th< representative principle into the government cf New Zealand, before tho period allotted for the suspension of the charter should expire. IV. Hor Majesty's Government in the continue ' exercise of that confidence in your judgment ano knowlcdgo of tho peculiar state of society in NeZealand, which had originally induced them l« accede to your proposal for deferring tho grant n' representative institutions to 'ho colony, belie . that no better course could bo taken than lhal -' relying on your opinion on this subject also : > ■ you were therefore initructed to avail yourse.i •■>. the power parliament had cntnutcJ toyou.u, taking measures for tho eitdbliahment of R'-iu-sentativc Provincial Legislatures. In nccordi ,n with these instructions, you liava introduce ' *ul Provincial Conncils Ordinance, which wn f,,* submitted to mo in draft with your despati i> o( October 21, 1850, and vfhich you have now t ,i i mittcd in tho form of a law, V. I take tho opportunity, while thus di t-> ' . the history of theso transactions, to monti'i'i 'hdt my despatch of the 2d April lait, ncknowk ' ;•;;;, tlio receipt of the draft ot this ordinance, dcts in; appear to have reached jou before it wm p^j' 1

into In-, r>n rrtiin nni"n<lnn<>nts uh Hi I thni pointed "til- ;n il"iirnblc, ha\r not licon inserted in it. Int ill trust, liowcver, Hint I mnv hear from yon in reply to dial ilcjpatrli.if not before tlie bill which has been prrrarni miipl lie nibmiitcd to Parliament, nt nil etcnls in lime for the cnnmdiMttllnn, •luring ita proven", nl >my remark* which may ho •iipffented lo ymi by my observations on the draft ordinance. VI. Under the*r rirnim'itnnr-rfl, if no further B'cru were nl<en by Parliament with reference to (be New Zrnlnnd Constitution, Ibe Smpending Art of ISIS would expire on March 7, 1853. The Provincial Council* ordinance ercMcJ under it wnuhl therefore nlrni empire, tocelhcr with the piinline T,rf;i<,lnlivr Council, nnd tho constitution framed in nnd iind.-r llif net of 18-lfi ttould, ij<w fn>'ln, tnke their place. Vlf. Her Mnjenty'n Government however, on n .ddihcrnle eon-iderntion of the varioiu despatches which ymi li ive nddreaned to mo, liivp ronie to the rnnrlimon fbnt il wmild bo incTpnlicnt lo leive thr act of IfiM In come lliiifl into force ; bccniise th.yi.ro of opinion that the rlniißfimbiHi have taken pl.ice in the MMc of nffnir» in New Zenland nnd tbn additional informatioti which hna been nb- | turned since that mcmiiro was pnn^cd, sugijcst the propriety of various modifications both in its snbMance nnd form, nliliooßb ils ciumtinl principles oiicl t. inlluir judgment to be preserved. Vf 11. The mr nt important of then? principles, nnd that nhicb, in fad, formed the foundation of the whole mca nre, wni the creation of co«oxitstcnt ni«mral nnd Provincial T^CRinlnturca. On the qnoMinn whether thin nrranncniont oup;bt to be ndhorcii to, lur Mnj'«ty'» Government bavo not filled to Rive full consideration to your own views nnd stiitomentfl, and those nlno Ihnt hove reached them tlirnußh you from various bodies of settlers in New Zealand, both for nnd ngainst the Kbtrne of Provincial Councils. The result of their deliberntion 1-, that t.icy concur with you in believing that the natural features of tho island, the distance of the settlements, the acverality of ihcir local interest, however common those interests may be on some lubjcctn, nnd the consequent diflicnlty of forming n General Legislature which shouM , 'iifllcp to perform all the ordinary function-; of legislation, all present arguments confirming the views entertained in 18 10, in favour of the creation of Locnl Leqidlaturcii. IX. With rcflpectto the uumbcr of provinces ! mm whitb New Zealand should be divided, her Mi.jesi>'n Government have acn no rcnon for dis(icntinc from your proposal ; nnd it is intended to establish fivo prrvinces accordingly, ranking, how. ovt-r, provision for the creation of ndriinonal Provincon I y tl.e authority of the Lr-g»lat '. lrc ' if llli" should herenflcr become necessary, owing to the fomnnlitn of new fcttlcments. X. It is intended that it should bo left to yourself lo define the limits of these, provinces, subjeel to ibis (rcrernl rule, which is not contained in the bends of ihe bill but to bo followed by yourself as n guide in tho exercise of this power : tbnt they nrc to extend only over tho portions of the iilanda occupied by Huropeann; reserving, however, n power o! gr.idunlly cx'endinß their boumlares, ns this may become necessary, by the settlement of the country. XI. It nppenri toiler nfnjesfy'.i Government Hint the remaining region, still of compnialivcly far greater extent, which is occupied by nntives only or nlmo»t entirely, ought for various reasons, which will most distinctly nppcnr in tho course o this despatch, to be. loft under the control of tl.e General Legistnturo alone ; thought heronftcr, the limits of the territory comprised in Provinces will prhnbly require to be from time to time enlarged. XII. "VVllli respect to the powcrc eutrustid to (hcfe Piovincial Councils, I nm disposed, to believe (notv.ill.standing the alteration which you fltnlp to have taken plarc in your o in views on this point) that in the progress of events, :is colonization citendq, nnd tho srveral ?cttlemetits nic drawn nearer to e«ch other in boundaries nnd inttrests, they >ull very prnb.bly ntstimc more and more o' n municipal chjrncler, while the fimctioni of the ; G-noia! Lcg'nloturo will increase. Uut Ido not think it would be advisable to iii-rociiin- nny special proviflion cither to nereil raio or retard such n , pradml cliangc. Anticijinticii- a« to the course | which political nffaira may lirr-nt'er take nre picrywherc liable to be diitnrl.irf I > .mny unfornecn events, nnd most of all the m« .n.d ndviim.ng •ooieties. Ilenee it seem 1! to be V t utncsl course in rest sntißfiid uiih adapting iheiiistit'i i nfi »hicli nrc to PUililiihcd, as will ni inny h< pi TtiMe ti> | the, cxi'ling stnte of things, lenvmi; tl)c>ir future de- | velnpcment, nnd thu nltcrntmnn v.hirh a climce of rimunstances may berenfier rcr(Uirr,'o he iffee iril l>y ihe local autl orilics llmi nfulcd XIII. Without reeking tbercfrre. lo determine wliclher tho course of events will Icid to an i xtcn tion nr restriction of the powers n 'w nboJt to he conferred on the Provincial Councils, it in propo«cd for the pre«cnt lo confer npon them a genernl power of restriction, rubji-ct to certain npeci« fli-d <x>Tpiion« which willbcilio Bamc, or nearly go to thosp rstnbltal cd in youi 1 Provincial Councils' Ordinance. Tbc power of the Gonetal Lc gislnlurc on the other hand, il is intended not to limit to nny particular snljcetf. Its enactments tilone would thus have tho force of law on the snbjicln res(rved lo it, and they n!«o have paramount anil Mipcrseding force on all thoBP other subjects over which both it and the Local Legislatures nre mennt lo have authority By llrs nrrnnKcment no cdrflirt of i owon can arise, since that of the General Legislature, vull alwayo prevail whenever it may lie ■ xrrti-d. nnd it will be lift to experience, nnd to the judgment of the, colonists themselves, to determine to what client the power should be u«ed, and the union of tho subordinate legislatures Roridcqueiitly reslr cud. To he continued