The "Settllrs Constitutional Association." Government House, Auckland, September 25, 1849. (Received April 24, 1850.)

New Zealander, Volume 7, Issue 557, 16 August 1851, Page 4

The "Settllrs Constitutional Association." Government House, Auckland, September 25, 1849. (Received April 24, 1850.)

Mv Lord, — Since I yesterday acklresed your Lordship, in my despatch No 120, upon the snbject of a letter to your Lordship, from a Mr. John Dorset, a copy of that gentleman's letter has reached me, and is herewith enclosed. 2. Your Lordship, I am satisfied, will not expect me to notice the personal attacks made upon myself, the Government, nnd the members of the Legislative Council of New Munster, in that letter and its inclosure*, the nature of the misrepresentations contained in which has already been sufficiently alluded to by the Lieutenant-Governor of New Munster ; but as these papers relate to the form of constitution which it is proposed to introduce into these islands, and as this is a subject of vast importance to the future interests of this country, and regarding which the wishes of its inhabitants should be carefully ascertained, I have felt it to be my duty attentively to consider the inclosures in Mr. Dorset's letter, that I might ascertain what objections, if any, were entertained by those of the settlers ■who are connected with these papers, to the form of representative institutions which I had recommended for your Lordship's adoption. 5. I find that they apparently make but four objections to the recommendations 1 have mode : — First. They do not think it proper that the Provincial Councils, in making laws, should be required to conform to and observe all such instructions as may from time to time be issued by her Majesty for their guidance, nor do they think that such laws should be subject to the approval or disallowance of her Majesty, nor that the Lieutenant-Governor bhould be directed not to assent to such laws without the previous sanction of the Governor-in-Chief, and lastly under this head, thpy think it wiong that the Provincial Councils should be prevented from making laws which are repugnant to the laws of England. After fully consideiing the subject, 1 still think it my duty, in the present state of the colony, to adhere to the recommen' dations on this subject which I have already made to her Majesty's Government, for reasons which must be obvious, or to which 1 have alluded in my previous despatches. Their second objection to the recommendations I have made, is the nature of the franchise which 1 have proposed should bo adopted for the native population. On this head I can only state that I made the best recommendations to your Lordship which my experience and knowledge permitted. If any better franchise for the natives can be devised, I should be glad to see it adopted ; but the settlers connected with the en closed papers, although they have censured my recommendations on this subject, have not made any other in lieu of them, and I cannot myself devise any better expedient than that which I have lecomtnended for adoption. Their third objection to my recommendation is, that I have proposed that only one-third of the members of the Provincial Council should be elected by the settlers, and that two-thirds of the members should be nominated by her Majesty. I however really recommended that these proportions should be exactly reversed, the words of the recommendation to your Lordship in my original despatch, No. 106, of the 29th November, 1848, being li one-third of the whole Council being appointed by her Majesty, and Iwo-thirds heing elected by the inhabitants of the Province." Unfortunately, in the copy of this despatch which was laid before the Legislative Council of New Munster by the Lieutenant-Governor of that colony, from some mistake on the part of the clerks, the words which I have underlined were omitted, so that it was made to appear that my recommendation ■was that of"one-thiid of the whole Council being elected by the inhabitants of the. Province." Your Lordship will therefore see that, as the objections in the enclosed resolutions, and the personal attacks upon myself, originated in an error for which I was in no ■way responsible, the subject does not require me further to allude to it. The fourth objection to my recommendations is, the •mount of civil list which I have advised febould be /reserved from the revenues of each Province. I concur with those who make this objection in the case of those Provinces in which the native population is not very *arge ; but I think I must, in my various despatches, 'livcmade it clear to her Majesty's Government that I only recommended so large a civil list to be reserved for native purposes — and I introduced this recommendation into my despatch No. 116, of the 29th November, 1848, subsequently to my writing the diaft of it — from my earnest desire to comply with the wishes of the colonistß by introducing representative institutions at the earliest practicable date, and in the belief that by securing an ample provision for the wants of the natives, I might be able to do so within a much shorter period of time than under other circumstances I could have ventured to have done. 4. In the papers now transmitted to your Lordship, there is a detail given of a civil list proposed by the Lientenant-Government of New Munster; that appropriation of the civil list was not, however, made on my recommendation, nor has it received my approval, and your Lordship is aware that I have not yet submitted any proposed appropriation of the civil list for the approval of the Lords of the Treasury. 1 have delayed so doing until I ascertained what were the ultimate intentions of her Majesty's Government regaiding the amount of the civil list, and what were the actual requirements of the native population for the support of schools, hospitals, &c, which amount can only be determined after the institutions alluded to have been for some time in operation. 5. I have now, in so far as I understand them, noticed all the objections urgpd in the enclosed papers ; to the form of constitution I have recommended to be bestowed on these islands. They are, however, two other points in the enclosed papers on which I wish to remark :—: — Firstly. That in several instances I am stated to hold views which I never held, and to have proposed to derive advantages from certain proceedings which I never proposed to derive from them. 1 liust, therefore, that your Lordship, in perusing the enclosed papeis, will remember that such is the case, and that I am not the author of those views which the proposers of the resolutions censure. Secondly, I wish to state, that in the ninth resolution there is a statement to the effect that my government has been marked by a total neglect of the true interebts of the natives as a body, a recent instance of which is said to have been mentioned by the LieutPnant-Gover-nor in the Legislative Council, narnply that a high official, enjoying already a salary of above £300 a year, was allowed to pocket the whole of the proceeds of the native reserves in the settlement of Wellington, amounting to nearly .£4OO, as a commission for the bare act of receiving it. This I regard as a < harire of misappropriating public funds, winch is cap.ibicof pioof or refutation ; it is a tangible point, and I shall, for the !

information of your Lordship requiip the LieutenautGoveinor to furnish a full and complete explanation of the subject. I ha.ro, &c, (Signed) G. Giiey. The Ri^ht Hon. Earl Grey, &c. &c. &c.

LonD Grlv's Answer. Downing-street, July 25, 1850. Sir,— l have received Your Despatches of tide numbers and dates specified in the margin, on the subject of a published letter addicssed to me by Mi , John Doiset, forwarding 1 certain resolutions proceed nig from certain persons styling themselves collectively the "Settleis' Constitutional Association." Having- consideied those representations, together witli the explanations by which they have been accompanied, it is only neceas-iry that I should stale, that 1 have seen nothing to diminish, in the slightest degree, the coniidence which my expenence of your past conduct and the lesults of your administration, both of your Conner and your present Government, lead me to repose in you. My confidence in the LunUenantGovernor of New Munbter is equally unaffected by this letter. 1 have, &c, (Signed) Grey. Governor Grey, &c, &c.