SIR GEORGE GREY AND THE COMMISSIONERS.

Nelson Evening Mail, Volume XI, Issue 120, 12 May 1876, Page 2

SIR GEORGE GREY AND THE COMMISSIONERS.

The j^uperinbnjlent's letter to the Commissioners is as follows:^Superintendeiit's Office, -'Auckland, May :8, :1876. Gentleman,— l have received ■ from Sir. jXu lids Vogel a circular note and enclosure, purporting to be instructions igsued' to you, copies ;of which are enclo^ec^ '..The !Act ;V?hicii. provides the Constitution ''of .i^ew Zealand i gives 110 power or authority to any /person not being one of;. the 1 constituted authorities of this proVince^ to -inquire" into its finances, expenditure, or administration, • nor to delegate such powers to othe'Vs. The only perspn|!qrf ; bodies -who have any lawful, right tp^ make such inquiries are the Superintendent and Provincial Council, 017 officers by them j or : either of them, appointed, and to an extent, and for certain objects specified by law, toi the Provincial -Auditor. As Superintendent 1 of the ; province' of Auckland,my duty /to. its, 'people, whose represen- ; '^ajiiv^ X ! amV and, the resp f 6nsibility of whose Government I. have at their request tak^n\upOn , myselfj forbids .me to communicate to any person, or persons ' not legally authorised in t that behalf any information whatever beyond that which "1 communicate to : the;:public at large, I had^been: previously authorised so, to do by a resolution of the Provin-

cial Council, .The provinces derive their existence" atid their privileges from the Constitution Act, and I beg to.point out jtp you that by ; prosecuting the inquiries mentioned in the circular; 4 you are attenipting to assume control over the~lawiully constituted Government of this province, which is both unconstitutional >ahd cbntrary to law. I remark that the persons or body which are deputed to perform the illegal acts are < called in the circular note, " the Colonial

Government/'-'-'* the Government,'' and *^flie , General Government;" . These ;r^P|raitoge^her unjktiown to. theConstituand the thoughts and language J^f> the {Imperial Legislature when that .?f Act waa passed. The only' Governments known to this country are the " General Assembly of New Zealand and Superintendents and Provincial Councils of » the : \respectiye- pr,ovinces. r ,1 am aWare that by Royal instructions to His Excellency the Governor that high offiqer^is expected to act M : accordance, with the advice of. his Executive Council,* unless he sees;- good reason to differ ! in opjinron fr^orri them, but I deny the. right of "thai Executive Council td alter or.deparfc frommles and usuages of con- i stitutional government, or to usurp powers. which belong only to Provincial Governments, or to the General AssenSbly in'Parliament assembled. The Executive Council are but advisers to his-Excellencyj and with air due respeci to the representative of her Most Gracious* -Majesty, i must, "a9 elected guardian of the. rights ahd r interests x of, th^^bjMjot b>i. watchfuli' thai' th'e authority even-of , the Crown. ( be not carried a single step further than the.,- law l permits, The Governor has no 1 - < right <to .instruct you to take the steps you contemplate. Even her Most Gracious Majesty herself would have no right, without authority of Parliament, to instruct you so to do, and most certainly her Majesty would- not sanction so unconstitutional andt unlawful oh act being carried out in her name; much less can those who are only the Governor's a'dvisers for the time being have any-lawful authority to autHofiseTyou to follow the ; course you are L n6jV^. pursuing. . ; ,1 .find also that in iD^Vftctions issued to you measures are evidently '■' not- only des- I-trrfc'tiv'e'of-righ/ts and privileges of this provin'c(B,'bu^also actually ' opposed to the pfovisidns of the Abolition of Provinces Act, 1875, should that Act be intra vires and good law, which, however, Idp not admit. I am .compelled f therefore td say : that I shall, by 'allcori- " stitutional means', oppose any steps which may tend in, the; slightest degree to 'compromise' 'the rights arid constitutional freedom of this province. I have t ] th^;)|pn ? of: fjiVtHer t.o remind you of. that ; rul^.VQ^-iiaw; -which provides that no command* or order by & ■'■ superior will avail as defence ; when a person commits an'act? iri r itself -unlawful, I have. . ..there-. . fore, Require i .you not to venture to attempt to carry out within the province of Auckland the ! errand ; on whicH .you;' are professionally sent. . You were appointed . to ; the , Civil Service of : this colony and ' holct your offices in it for the purpose .of fulfilling duties imposed on these offices by the General Assembly of -New Zealand. You have no lawful authority for entering on duties ; you have now undertaken. In so doing you are acting outside of the Civil Service of the colony, and have become the emissaries of single gentlemen.who have no r)g^* °? power what-; ever to dispatch you on such duty. If therefore; ~in defiance of -my' warning and in breach of the lawful and consti-tutional-"rights-of this province,' you enter, upon or r .attempt ! to / prqsecpte.any ! such' enquiries within 1 ita'limits, I sjiiall feef it' t6 !; be my 'dut^,' as Superintendent, to appeal to rprop'er 'tribunals, in.'" order that you^may ; be 1 individually- or col- ' lectively dealt with as they may direct. I sbalhcauge a- copy- of this lettej to be 1 ' sent to the Provincial Auditor, at the same time calling on him to decline to give you any information or take any action whateyer/save such .only &s he is authorised and, :empowered: to give 'or take by law, under, "which and to carry | out which., he was appointed to. thatoffice, and Vhich law moreover accurately dennes p and limits the -powers/ and duties he can lawfully and constitution?, ally exercise andi perform as Provincial Auditor. — I have, &c., G. Gret v ; To Wm; Gisborne, EpqV : Commissioner Annuities; Wm. Seed, Esq,,< Secretary and^lnspeojior Customs; John Knowles, Esq., Under-Secretary Public: Works Department. . ' -.. >>!■-•: /■ •>. ■•- - --■■•■■