SIR GEORGE GREY’S PETITION.

Evening Star, Issue 3665, 20 November 1874, Page 3

SIR GEORGE GREY’S PETITION.

[By Tklkcrapil] Auckland, November 20. The * New Zealand Herald ’ publishes the reply of Sir George Grey to Sir James Fergusson’s answer to his petition. The main parts of the reply are : 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 cou-idcration, but I have had sound lega: advice regarding it. Indeed, in one respect;, this fact is perfectly obvious Secondly, I cannot believe that the Ge neral Assembly will attempt by force to complete in the next -session so unlawful an act as it is said they will perform, for they cm 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, aud 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 whioi in no way repiv.se A 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 Grown in NewZca ! and, will be permitted to de-t'-oy freely elected Governments and freely elected an 1 thorough y independent Legislatures, which repeated Acts of positively declare the General Assembly shall nave no power to < estr -y. 1 cannot believe that the people of this country will submit to what would be so unexampled an act of oppre-i. n, I cannot believe that the Governor will use powers entrusted to him for such very different purposes to enable a parly in the Colony to attain these ends in the manner proposed. it seems to me grievous enough thac a Legislature which does not truly represent the people of this Colony should dispe se its revenues as they please, and burthen u ; with a vast debt for sums laised aud expended in a manner of which w r e have only an imperfect knowledge; whilst the very funds so applied are taken from truly representative Legislatures, who.-e proceedings wm could carefully watch, and thereby, I believe, effect great savings. It also seems humiliating enough that the ve y highest office in the Colony, next to thac of the Governor, and ad the same time an office more powerful by far than that of the Governor, should be filled up by the Ministers’ choice, by a Legislature not truiv rep e entative, at their sole will and pleasu e, by any man they choose to elect, w ho 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 any way con ulted. All this ssems grievous and humiliating enou hj, but it is slid worse to bo told that such, a non-representative Legislature intends, ei her unlawfully, or, it lawfully, then without our being informed of the steps which have been are to be taken, to obtain the assent of the Home Government to such an Hct, to sweep away an d destroy the only really representative bodies ml Government which we possess ; and that we arc to be lift under a form of Government which the people of England would not tolerate. . . . Thirdly. The reply of the Government, as given in the summary, avoids the main points of my petition. ... I now repeat all I said. I believe the resolutions must have been sent Home, accompanied by recommendations from the C4overnor and his advisers ; aud 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 knowdedge of all intended proceedings, which were to subvert I our whole constitution, and to which the | assent of the Crown was necessary before ir, could btcome law. If the resolutions have been sent to < ; erMajesty’s Government, they will appear before them unaceompa ied 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 Enabling Act. The Premier, who will bo in England, will undoubtedly be consulted, and the Constitution Act will, unhss 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 Enabli. g Act of I'arlia ment will be applied for and passed to enable it to do so, for in no other manner can the General Assembly lawfully give effectto its intentioi s of the mode in which' the application may be made. Wo can all information being withheld from us—know nothing, but it is certain it must in some way he 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 eouiso is often followed at Home. Fourthly, 1 J'ejjp'et nay petition is not to be

sent on. Her Majesty’s orders command that this should be done. It must go tin - , ugh the Governor, that he may identify it as really coming from the petitioner i purported to come from, r.r.d that he may report as he thinks proper upon th facts and prayer of the petition. His transmitting a petition, therefore, in m way commits hj m to accepting the premises upon which it is 6- scd. I am further sorry to sse that the (Vonia 1 Miuistfos ’have advised theG ivernor to break the rule Ini ;l down by ffieQueenonthissnlj ct, 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 whatmighthavebeen almost a Divine rule. However vain was the babbh-ment of a petition, whatever might be its deficiency in form, either in drawing up. or organ of i ransmisaion, whatever the p“osit on or prejudice < f the writer, all allowance was to be made for ignorance, for silliness for rare, for informality, or for want of courtesy. A pe'ition was a qnasi-sacred appeal to a higher power, a hnmh e 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 yas grossly and shamefully improper, he could require it to be altered, or he might delay it for a reasonable time for consideration and inquiry, so that his report upon it might afford ail 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.