15

A.—l

be most easily collected, and the payment of which presses least upon the inhabitants of a country, the weaker Government will probably become so impoverished that, rather than see the duties or public works which are absolutely necessary for the welfare of its citizens entirely neglected, it may be led to permit the more powerful Government to perform such duties or to execute such public works. It is thus by degrees rendered an object of contempt to its own citizens, who are too likely, ultimately, to be ready to barter their liberties for what they regard as substantial advantages. That it appears that the cause from which the deprivation of the Province of Auckland of its land fund mainly arose was the following resolution, passed by the House of Eepresentatives in 1856 : — " This House is of opinion that the administration of the waste lands of each province should be " transferred to the Provincial Government of such province, and the local revenue thereof made " provincial revenue, subject to certain charges." There were, however, no waste lands of a province. The waste lands were the waste lands of the Crown and nation. That the British Parliament did, nevertheless, on application made to it, as a consequence flowing from the said resolution, pass an Act in the year 1857, to amend the Act for granting a Eepresentative Constitution to the Colony of New Zealand. That Parliament, however, in the amending Act of 1857, carefully defined its intentions with regard to the waste lands of the Crown in New Zealand, by stating its intention to be to repeal certain clauses in the New Zealand Eepresentative Constitution Act, whereby certain charges were imposed on the territorial revenue of the said colony, for which charges other provision had been or was intended to be made. And it is submitted that the British Parliament could never, therefore, have contemplated, in using such words, that whole provinces of its subjects, possessing independent Legislatures, could, without such Legislatures having been consulted, and whilst the inhabitants of such provinces were ignorant of the nature or scope of that which was being done, be deprived of rights of vital value which Parliament had just purchased for them, and then, by enactment, assured to them ; and it is further respectfully submitted that due provision for the charges on the territorial revenue of this colony was not fairly and adequately made according to the true meaning of the said Act of Parliament. That for these and other reasons it seems doubtful if some of the Acts of the General Assembly, in relation to the waste lands of the Crown in New Zealand are not open to question as to their force and validity either in whole or part. That, looking to the manner in which the waste lands of the Crown in New Zealand were acquired by Parliamentary grant, to the authoritative declaration that they were to be administered for the benefit of the Empire at large, as well as for that of the New Zealand community, and to the fact that Parliament in the New Zealand Eepresentative Constitution Act recognized that it was necessary that it should, by positive enactment, authorize certain persons to exercise particular powers in relation to such waste lands of the Crown, it seems at least very doubtful if the mere repeal of such empowering clause or clauses by which repeal powers given to the Governor, or any other person or persons, were taken from them, would, without any other words giving such powers to the General Assembly, vest such powers or greater powers or any other powers in that Assembly, to which body they had never belonged, and which the Crown itself could not exercise until empowered by Parliament so to do. That a resolution has recently been passed by the House of Eepresentatives in relation to the ultimate disposal of the waste lands of the Crown in New Zealand, but which mentions only laud revenues, apparently the property of certain localities, under the terms of a lawful and positive compact. That it is doubtful if such House of Eepresentatiyes as then constituted was empowered to pass such a resolution. It is, however, most probable that the said resolution has been or will be submitted to the Home Government, with a view to Parliamentary action being taken thereon. That the people of New Zealand have a constitutional right to know every step that is taken in this matter, in order that, after having given full consideration to the subject, they may yet have ample time given to protect their rights, either in the colony or before the British Parliament, if an appeal to an exterior Legislature becomes necessary. That a Northern member of the House of Eepresentatives has recently stated to his constituents that the representatives from the Middle Island feel and admit that the North of New Zealand has not been rightly dealt with in the matter of the land revenues, and that they are, and always have been, not only willing but in fact most desirous to come to terms, and have not themselves felt disposed to adhere to the so-called compact of 1856. That there would be from this cause alone a strong reason that such terms as are above mentioned should, without delay, be come to, and the reasonable rights of the inhabitants of the Province of Auckland in the general land revenue, past and prospective, be ascertained and adjusted in a constitutional manner before the British Parliament is again appealed to on this subject. That your petitioner therefore prays that your Honor and the Provincial Government will take such steps as you may judge most expedient to protect the rights of the inhabitants of the Province of Auckland in this matter, and to delay any hurried action of the British Parliament in relation thereto. And your petitioner, as in duty bound, will ever pray. Kawau, 4th November, 1874. ' . G. Gret.

J Enclosure 2 in No. 21. Memorandum for His Excellency the Governor. I JTAVE read with attention the letter from His Honor the Superintendent of Auckland to yourself, and the accompanying letter addressed to the Eight Hon.- the Secretary of State for the Colonies, covering and transmitting a petition addressed by Sir George Grey to his Honor, which your Excellency has been pleased to refer to me " with a request that I should offer any remarks thereupon that I may desire to make for the information of the Secretary of State."