Sir George Grey's Petition.

Clutha Leader, Volume I, Issue 20, 26 November 1874, Page 3

Sir George Grey's Petition.

In last issue we gave the reply of His Excellency Sir James Ferguson to Sir George Grey's petition, anent the resolution for the abolition of the Northern Provinces, In reply to His Excellency, Sir George has written to the * New Zealand Herald ' as follows . — " Sir, — I have just received in a newspaper, a copy of the telegraphic summary of the reply of the Government to my petition, regarding the sweeping away the freely elected Superintendents and Legislatures of the Provinces of the North Island. This summary is what the Northern portion of the Colony and ourselves at present know of the Government reply. Will yon' pardon me for troubling you with the following remarks upon. it. I wish to make these, if possible in a manner which may give no offence to the Government. I desire to gain all I can to my way of thinking, for I feel sure that I am contending on that side which will ultimately triumph — that which will have the good wishes and aid of all those who intend to make this Colony the home of themselves and their posterity, and consequently the great mass of the intellectual youth of New Zealand, for we should remember that the questions now being discussed relate to the establishment of a future nation and the welfare of unborn millions, and are the greatest which, after religious questions, can exercise the mental faculties of man. The main portions of the reply of the Government in the order of their importance are : — Ist. That the General Assembly has in law the power to carry out during the next session the resolutions which it passed during its recent session. 2nd. That it will so carry them out. 3rd. That there is therefore no intention on the part of the New Zealand Government to propose any measure to Parliament empowering ib to give effect to its recent resolutions, ith. That my petition will not be transmitted in its present form to Her Majesty's Government, - because if the Government did so, it would be accepting the premise upon which it was based. To these sevei al points I answer, firstly, that the General Assembly cannot lawfully, as the words now stand, during the next session give effect to the resolutions it passed during its recent session. Upon this point I have not only quite made up my own mind, after the fullest consideration, but I have had sound legal advice regarding it. Indeed, in one respect, this fact is perfectly obvious. Secondly, that I cannot believe that the General Assembly will attempt by .force to complete in the next session so unlawful an act as it is said they will perform, for they can do it in no other way unless they first apply to Parliament. It seems, indeed, incredible to me that without an appeal to the country and a general election, and without the consent of the Provinces being previously obtained, a Legislature, two branches of which are nominated by the Crown, or those who act for it, and which in no way represent the people of this Colony, or any interest in it, and the .third branch of which is undoubtedly greatly under the influence of those who exercise the powers of the Crown in New Zealand, will be permitted to destroy freely elected Governors, freely elected and thoroughly independent Legislatures, which repeated Acts of Parliament positively •declare the General Assembly have no power to destroy. I cannot believe that the people of this country will submit to what would be so unexampled an act of oppression. I cannot believe that the Governor will use powers entrusted to him for such very different purposes, to enable a party in the Colony to attain those ends in the manner proposed. It seems to me grievous enough that a Legislature which does not truly represent the people of this Colony should dispense its revenues as they please, and burthen us with a vast debt tor sums raised and expended in a manner of which we have only an imperfect knowledge; whilst the very funds so applied are taken from truly representative Legislatures, whose proceedings we could carefully watch, and thereby, I believe, effect irreat savings. It also seems humiliating enough that the very highest office in the Colony, next to that of the Governor, and at the same time an oflice more powerful by far than that of Governor, should be filled up by the Minister's choice, by a legislature not truly representative, at their sole will and pleasure, by any man they choose to elect, who need not have been elected by any constituency in New Zealand, and who for many months may be allowed absolutely to rule this country without its inhabitants being in anyway consulted. All this seems grievous and humiliating enough, but it is still worse to be told that such a non-representa-tive Legislature intends, either unlawfully, or if lawfully, then without our being informed of the steps which have been or are to be taken, to obtain the assent of the Home Government to such an Act to sweep away and destroy the only really representative bodies and Government which we possess; and that we are to be left under a form of Government which the people of England would not tolerate. The Superintendent of the Province of Canterbury informs us that the resolutions in which the General Assembly dealt with this buestion of the very largest importance, were brought down at the end of a fes-

sion. after the estimates had passed, and | brought down, as it appeared, with a very insufficient reason, not because ' the people had been asking for. this change, but because, as the Premier stated, "he was tired of Provincial Government in the North Island." If these changes are carried out, as proEosed, what will those who, follow us ere say to the men who gave up really free institutions for such, reasons, and entailed on their descendants as a most obnoxious form of Government ? 3rd. The reply of the Government, as given in the summary, avoids the main points of my petition in that I stated that certain resolutions had been passed by the General Assembly ; that those resolutions had probably been sent on to Her Majesty's Government,, accompanied by recommendations or suggestions in relation thereto, which might induce Par Hament to alter the New Zealand Constitution Act; that I had been credibly informed that the Premier of the Colony had recently gone to England, and that one object of such visit was to endeavor to obtain an alteration of the New Zealand Constitution Act, and that the. people of this Colony had a constitutional right to know without delay every step that was taken in this matter. I now repeat all I said. I believe the resolutions must have been sent home, accompanied by recommendations from the Governor and his advisers; and I believe this because I cannot think that he would, in a case in which such . vast interests and the whole future rights of the inhabitants of New Zealand are concerned, have ventured to withhold from Her Majesty's Government all knowledge of intended proceedings, which were to subvert our whole constitution, and to which the assent of the Crown was necessary before it could become law. If the resolutions have been sent Her Majesty's Government, they will appear before them unaccompanied by any protest passed by a large majority of the Assembly, recommended by the Government, apparently acquiesced in by the entire country. Her Majesty's Government will see the, necessity of an English Act. The Premier, who will be in England, will undoubtedly be consulted, and, the Constitution Act will, unless instant action is taken, be most probably altered. Indeed to affirm, as the local Government now do, that the General Assembly- will lawfully give effect next session to resolutions which it passed this session, is to affirm that directly or indirectly an Enabling Act of Parliament will be applied for and passed to enable it to do so, for in no other manner can the General Assembly give effect to its intentions of the mode in which the application may be made We can all — information being withheld from vs — know nothing, but it is certain it must in some way be made. I say again that according to every rule of right the information for which I ask ought not to be withheld for one hour. If the General Assembly cannot meet, the powers can be published in the ' Gazette'; the course is often followed at home. Fourthly, I regret my petition is not to be sent on. Her Majesty's orders, command that this should be done. It must go through the Governor, that he may identify it as really, coming from the petitioner it purported to come from, and that he may report as. he thinks proper upon the facts and prayer of the petition. His transmitting a petition, therefore, in no way commits him to accepting the premises upon which it is based. I am further sorry to see that the Colonial Ministers have advised the Governor to break the rule laid down by the Queen on this subject, because it is a rule worthy of so great a Queen and of so mighty a nation, and in some sort, although of course faintly and imperfectly, shadows forth what might have been almost a Divine rule. However vain was the babblement of a petition, whatever might be its deficiency in form, either in drawing up, or organ of transmission, whatever the position or prejudice of the writer, all allowance was to be made for ignorance, for silliness, for rage, for informality, for want of courtesy. A petition was a quasisacred appeal to a higher power, a humble prayer which, without fail, let, or hindrance, was to go on to that power which, being at a distance, could without prejudice or passion, overlook or pardon all errors and shortcomings, and see that these did not interrupt the course of justice. Only two circumstances could delay the transmission of a petition by the Governor ; if the language was grossly and shamefully improper he could require it to be altered, or he might delay it for a considerable time for consideration and inquiry, so that his report upon it might afford all necessary information. Fortunately, the breaking of such a rule in this case will direct attention to the rule, and secure a compliance with it in future. It will then do more good than harm.— [ am, ifec, George Grey. Kawau, Nov. 10. 1874.