OTAGO CONVENTION.

Clutha Leader, Volume IV, Issue 173, 2 November 1877, Page 3

OTAGO CONVENTION.

<^ -— The Secretary to the Convention has handed to us for publication the following reply to Lord Carnarvon's despatch to his Excellency the Governor, which we published a week or two ago, and which rsply was sent by Jast mail to London : — « Wellington, Oct. 18, 1877. "To the Right Honourable the Earl of Carnarvon. "My Lord — X have the honour to inform you that his Excellency the Marquis of Normanby, Governor of New Zealand, has caused to be forwarded to me an extract from your Lordship's despatch of 28th of June last, regardingcertain letters nnd petitions forwarded to your Lordship by me, as President of the Otago Convention. '• It is my intention to lay tbe extract, with accompanying letter from , his Exollencv's private secretary, and a copy of this letter, before the Executive Committee of the Otago Convention in Dunedin, in order that I may ascertain their views as to the reply that should be forwarded to your Lordship's despatch. " I may, however, in the meantime be permitted to state that T believe many members of the Otago Convention will exceedingly regret to learn that there are * standing instructions ' so framed as to prevent her Majesty's subjects in New Zealand bringing their grievances directly under the notice of their Quhen, should they incline so to do. " I venture to express the opinion that after the passing of the Constitution Act your Lordship had no power to issue or maintain any such standing instructions, without the consent of the New Zealand General Assembly havingbeen previously obtained. I "consider also that .at .-the. very least these instructions should, before they were enforced, have been promulgated in New Zealand for the information of the Queen's subjects in the Colony. So far as I am

***— — *^ ' — — — — ■*. aware tbey have not been promulgated up to the present time. " I observe tbat your Lordsbip expresses surprise that any of the Queen's subjects should petition her Majesty in a matter within the competency of the. Colonial Legislature. In reply I may be * ermittid to state that it was the Imperial Legislature which first granted a Constitution to New Zealand, that i the same Legislature has at various ! times amended the Constitution, and that in particular it passed an Act some years ago, which many persons well qualified to form a correct opinion consider hashad an interpretation put on it which it does not bear, and which it was not intended to bear — viz., that the Colonial Legislature has power to abolish the Provincial Legislatures. '• These considerations seem to me to justify the action I took as president of the Otago Convention, in asking your Lordship to lay before the Queen the grievances of the Convention, in order that her Majesty might be advised how best to remedy these grievances, and might also lay them before the British Parliament. " It appears to me only just that colonists should have the right of layino* before their Queen grievances arising from a supposed infraction of an Act of the Imperial Legislature. And here I may he permitted to express my surprise that the opinions of the Attorney and Solicitor General were not taken as to the real meaning and intention of the Act to which 1 have last referred to. At least no such opinions, so far as I am aware, have been sent out to the Colony. " I would respectfully say this also to your Lordship. I do not call in question for one moment the power of the Imperial Parliament to amend in any way the Constitution of New Zealand. But your Lordship must be aware jthat it is a constitutional principle that any elective legislature which has been once called into existence should not without its own consent be destroyed or deprived of any of" its powers unless such legislaturehas abused the powers that had been conferred upon it. Now the Provincial Legislatures in New Zealand were abolished by the Colonial Legislature without being allowed time to express an opinion with regard to their proposed Abolition. And it cannot be laid to the charge of these Provincial Legislatures that they abused the powers that had been conferred upon them, or were ever wanting in loyalty to the Crown. " If the Act of the Imperial Parliament under which the Colonial Legislatme claims the power to abolish the Provincial Legislatures, gave the Colonial Legislature this power, then the Imperial Parliament has been guilty of a violation of a well-known constitutional principle, and has thereby inflicted a wrong on the Colony. It is evident to me that persons who feel aggrieved at the wrong that has been inflicted, have a perfect rig-ht to apply for redress to the Parliament which committed the wrong. " If Great Britain intended to grant to this Colony the just boon of framing its own Constitution, then I believe it should have provided for such a fair representation to the colonists tbat their future Constitution would have been truly their own choice, and not one imposed on them' by a minority, and in part also by the interference of the nominated representative of the Crown, and a nominated Upper House: Your Lordship may remember that Parliament enacted tbat the General Assembly of New Zealand, which was to make laws for this Colony, should consist of a Governor, a Legislative Cauncil, and a House of Representatives. The Governor and Legislative Council are not chosen by the people, but are nominated, the latter for life by the Crown. All laws relating to the franchise, electoral districts, and proportion of representa- ; tives to population, can only be made with the consent of the two nominated : branches, who also indirectly exercise a considerable influence over the House of representatives. In my opinion, from these and other causes, a minority has been allowed to impose a Constitution on the Colony. " Should your Lordship desire a precedent to show that the Crown, under the advice of the Secretary of State, does at times interfere in our internal affairs, even without being asked to do so, I would respectfully remind you that when, some years ago, from motives of a necessary economy, the General Assembly ventured by Act to reduce the salary of the Governor, the Secretary of State did not hesitate instantly to interfere in our internal affairs by advising the Crown to disallow the Act. — I hsve the honour to be, my Lord, your Lordship's most obedient humble servant, (Sijrned) •* James W. Thomson-, " President of Otago Convention."