THE NEW CONSTITUTION. Copy of a Despatch from Governor Grey to the Right Hon. W. E. Gladstone. Government House, Auckland, October 7, 1846.

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 281, 8 April 1848, Page 2

THE NEW CONSTITUTION. Copy of a Despatch from Governor Grey to the Right Hon. W. E. Gladstone. Government House, Auckland, October 7, 1846.

Sir, — I had the honour this morning of receiving your despatch, marked "separate," of the 26th May last ; and as a vessel sails in a few hours direct for England, I am unwilling to. lose this opportunity of making some few remarks upon the changes her Majesty's Government propose to introduce into the constitution of this colony; although" I write under the disadvantage of being compelled to make these remarks in a very hurried manner, and with no certainty whether or not they may reach England in sufficient time to be of any use to her Majesty's Government. > I suppose in the first place, that her Majesty's Government intend to divide New Zealand into two distinct colonies ; whether they are both to be placed under one Gover-,nor-in-chief, in the manner proposed in my despatch of the 27th January last, marked "separate," or whether two totally distinct colonies are to be formed, is not material to my present purpose. I suppose, also, that it is the wish of her Majesty's Government that representative institutions should be introduced into each of these colonies with the least possible delay, but that they should be so introduced as to ensure, in as far as possible, harmony between the executive and legislative bodies ; and thus to render these institutions available from the first moment of their erection, instead of a period of inutility and bitterness elapsing, during which disputed points would be contested between the executive government and the legislative body, and all the really essential business of the colony would be disregarded. In this view, I beg to state, that I would recommend that, in the first instance, the officer administering the Gorernment in each colony should be permitted to appoint a legislative council, composed, as at present, of official members, and of nominees of the Crown. 1 am not at present aware of any circumstance which need then prevent the immediate introduction of representative institutions into that colony, which would comprise the settlements in Cook's Straits and in the Middle Island. All questions of vexatious a nature between the Government and the settlers in that part of the colony have now been fi- - nally set at rest ; and with a considerable acquaintance with British settlements, I can have no hesitation in recording it as my opinion, that there never was a body of settlers to whom the power of local self-government could be more wisely and judiciously entrusted, than the inhabitants of the settlements to which I am alluding. But there are a number of questions connected with the introduction of such institutions, which I confess I think can only be properly determined by inquiry upon the spot; such as the limits of the various el- ctoral districts ; the proportion of members from town and country districts ; the precise qualification of electors ; the places ior polling ; and questions of a like nature. These questions, I think, the officer administering the Government in that colony should be required to determine, with the assistance of a legislative council, constituted in the usual manner. If the number of members in that couucil was extended to ten, five official and five unofficial, and the members were judiciously selected, as I have no doubt they would be, the officer administering the Government would have the benefit of the best possible advice ; and these questions, of a really practical nature, would be discussed upon the spot, aqd under such circumstances as would, I have no doubt, secure the efficient and satisfactory working of the institutions which might he introduced ; and which when thus settled, would provide a legislative body which would forthwith replace that which had previously existed. But with respect to the northern of the two colonies, I beg to state that, until the questions counected with the land claims which have arisen under the penny-an-acre proclamation, as well as those which have arisen from the grants of land extended in opposition to the opinions of the commissioners who heard them, have been finally and conclusively set at rest, I do not think that any attempt should be made to introduce representative institutions into it. I feel quite satisfied that if such an attempt were made before these questions were disposed of, efforts would be made to return representatives, not to transact the real business of the country, but to agitate these claims ; and from the number of Government servants who are directly or indirectly connected with them, from the influence of some of the missionaries who claim such large tracts of land, and from other circumstances, I fear that a period of confusion, probably of renewed rebellion, expensive both in blood ■

and money, must under such circumstances

inevitably take place. I would therefore recommend that, in the northern colony of the two, some period of time should yet elapse before any attempt should be made to introduce representative institutions; probably a period of two years may suffice to settle the questions to which I have alluded, and to prepare the colony for the contemplated change ; but this would soon be ascertained from the reports of the officer administering the Government. I should perhaps add, that it is not in the least my wish to reflect upon the inhabitants of the northern portion of New Zealand, or to draw any invidious comparison between themselves and the people of the southern settlements ; on the contrary, there are in the northern part many gentlemen for whom I entertain the highest respect and esteem ; and I would yield to no one in my desire to promote, in as far as practicable, the prosperity and happiness of the colonists in this part of New Zealand ; but the troublesome questions to which I have alluded having arisen, and there being every probability, from the number and character of the native population, that disturbances may arise from them, I believe that in making these representations to you, and in basing such recommendations upon them, I am taking the most certain means of securing the true interests of the inhabitants of this part of the northern island, anJ at the same time performing a paramount duty to her Majesty's Government. I have, &c, (Signed) G. Grey. The Right Hon. W. E. Gladstone, M.P. &c, &c, &c. (Confidential.) Extracts of a Despatch from Governor Grey to Earl Grey. Government House, Auckland, May 3, 1847. Since I had the honour of receiving your lordship's private letter of the 27th November last, transmitting the drafts of the papers relative to the introduction of a new Constitution into this colony, which had been printed for the consideration of her Majesty's Government, 1 have felt much concern lest any want of care upon my part in omitting to forward sufficiently detailed information of the circumstances of this portion of the colony, should have left her Majesty's Government in ignorance of various points which, I fear, were not under their consideration at the time they determined to introduce immediately into the province of New Ulster a constitution of the nature of that which is proposed. Should I have fallen into this error, the only excuse I have to offer is, that from the tenor of previous despatches from your lordship's department I did not think that any change would, for some years, be introduced into the form of Government of this portion of New Zealand, and I did not imagine that in the first instance, the form of Government now proposed would have been introduced into any part of this colony. My reasons for entertaining the apprehensions above stated are, that her Majesty's Government will, I fear, by introducing the proposed Constitution into New Ulster, not do that which, from your lordship's despatch forwarding the Charter, I understand them to intend to do, but something different from it, and for which I believe (referring to to the large number and present state of the native population in this colony) no precedent has been established, either by Great Britain or by any other country ; that is, by the introduction of the proposed Constitution into the proviuce of New Ulster, her Majesty will not confer, as is intended, upon her subjects the inestimable advantages of self government, but she will give to a small fraction of her subjects of one race the power of governing the large majority of her subjects of a differeut race. She will not give to her subjects the valuable privilege of appropriating, as they may think proper, the funds raised from themselves by taxation, but she will give to a smail minority of one race the power of appropriating as they think proper, a large revenue raised by taxation from the great majority of her subjects of another race. And these further difficulties attend this question, that the race which is in the majority is much the most powerful of the two ; the people belonging to it are well armed, proud and independent, and there is no reason that I am acquainted wi<h to think that they would be satisfied with and submit to, the rule of the minority, whilst there are many reasons to believe that they will resist it to the utmost. And then it must further be remembered that the minority will not have to pay the expenses of the naval and military forces which will be required to compel the stronger and more numerous race to submit to their rule, but that, on the contrary, these expenses must be paid by Great Britain. »♦**** Before stating the reasons upon which these views are iounded, I think it proper to mention that her Majesty's native subjects in this

country will certainly be exceedingly indignant at finding that they are placed in a position of inferiority to the European population; they will undoubtedly argue, as they now frequently do, that they not only cheerfully ceded the sovereignty of their country to the Queen, but that when attempts have been made by some discontented tribes to throw off the sovereignty of Great Britain, and that at a period when, from the smallness of the British force in the country, they had apparently some hopes of success, the principal chiefs came forward, and freely gave the services of themselves and their people, and shed their blood in assisting to maintain for her Majesty that sovereignty, which they had yielded to her. Whilst, on the contrary, they would justly regard the mass of the European population of this portion of the colony, as having been attracted here solely by motives of personal benefit, such as a desire of carrying on trade with the numerous native population ; or of benefiting by the expenditure of the Parliamentary Grant in aid of the civil government, or by the naval and military expenditure. In illustrating the reasons which have induced me lo form the opinions I have stated, I will take the population returns, published hy my predecessor, for the year 1845. No great change has taken place in either the European or native population since that period ; in fact, the distresses of the country induced many Euro] can settlers to quit the colony, and no corresponding immigration has taken place ; with the exception, therefore, of the troops and naval force which have been brought into the country, the European population does not much exceed in amount that which it was in 1845, although some changes may have taken, place in the relative population of the British settlements from persons having repaired from one settlement to another. And as Auckland has been, as the seat of government, the chief point of attraction, the population of that place, exclusive of j the military , may perhaps be stated at nearly 4,000 souls, [n 1845, the European population of the territory, which would form the proposed province of New Ulster, was about 4,500 souls : the details are stated in the margin.* But in point of fact, from circumstances connected with the position of the other settlements, the only persons who would have any real share in the proposed constitution would be the settlers in the ne;ghbourhood of Auckland. The returns of the native population published at the same time would give, for the probable native population inhabiting the proposed colony of New Ulster, about 100,000 souls ; the whole of whom would be excluded from all share whatever in the representation of the country by the proposed proviso in the instructions, " that no person should be capable of exercising the elective franchise who cannot read and write the English language."f At the same time, under the present system of taxation, the large native population (which, even if it has been overestimated by Mr. Clarke at 100,000, and is taken at only 60,000, although I believe this latter supposition is below the true amount, still forms the vast majority of the population) contributes largely to the revenue, and each year, as they continue to advance in civilization, will contribute still more largely to it, so that the proportion paid by the European population, will form but a small part of the whole revenue. Then it must be borne in mind that the great majority of the native population can read and write their own language fluently ; that they are a people quite equal in natural sense and ability to the mass of the European population ;J that they are jealous and suspicious; that they now own many vessels, horses, and cattle ; that they have in some instances considerable sums of money at their disposal, and are altogether possessed of a great amount of wealth and property in the country, of the value of which they are fully aware ; that there is no nation in the world more sensitive upon the subject of money matters, or the disposal of their property ; and no people that I am acquainted with less likely to sit down quietly under what they may regard as injustice. A great change has also recently taken place in their position, the mutual jealousies and animosities of the tribes have greatly disappeared, and a feeling of class or race is rapidly springing up, and has been greatly fomented by the efforts which have been made by designing Europeans to obtain their lands from them for a merely nominal consideration. This feeling of nationality has been extended by many other causes. Some of their young chiefs of the highest birth, and of great personal ambition, *have now received good educations ; the habit they have acquired of letter-writing, which is a favourite custom with them, affords chiefs inhabiting the most

* Auckland 2754, New Plymouth 1115, Bay of Islands 534, Hokianga 179 ; total 4582. f I do not know one native who can read and write the English language. X Out of 67 natives who have been employed by the Ordinance Department, 66 can write their own language, and the whole of themxaa read it.

distant portions of the island the means of frequent and rapid communication with each other. The decay of their mutual jealousies has rendered it safe for the natives to travel into all portions of the island, and some of them are in a constant state of movement, so that their intercourse and power of forming extensive conspiracies, and of executing combined and simultaneous movements upon different points is daily increasing. * # # # It is, I think, doubtful, therefore, if it would be prudent to hazard the attempt to force upon a nation so circumstanced a form of government which would at the same time irritate their feelings, and I think, insult their pride, and which, there can be no doubt, would separate them from the Europeans, placing them in an inferior position as a race, and thus at once create this feeling of nationality, the consequence of which would, I fear, be so hurtful. * » # # , I beg further to point out, that although I entirely concur in the advisability of compelling the natives, as soon as possible, to learn to read and write the English language, and will omit no means within my power of promoting these benevolent intentions of your Lordship ; yet that 1 think that, with a view of promoting this object, a necessary preliminary to giving such extensive powers over the funds raised by the taxation of a large native population into the hands of the representatives of so small a British population, would be to require by law, that a certain sum should annually be devoted to the maintenance of schools, for the instruction of the native population in the English language, and that some extensive system of national education should be introduced before the new constitution is brought into operation ; the permanency of which system should be secured by such a provision as I have above mentioned. The foregoing arguments have been applied solely to the great native population throughout the country, and to the general revenue raised from duties of customs ; but they apply equally, perhaps even with more force, to the natives who woulc 1 reside within the limits of boroughs, and who would be subjected to direct taxation in the form assessments, &c. ; which I fear miglit often be collected in a manner highly offensive to them, and who would speedily become discontented and exasperated if they had no voice upon the subject. The same arguments apply also equally to the naturalized Germans, who are likely to become a very numerous and important portion of the population, and who are at -present contented and gcod citizens, whom I should be very sorry to see excluded from any privileges accorded to the rest ot her Majesty's subjects ; whilst the inhabitants of the French colony at Akaroa, who her Majesty's Government have directed to be naturalizjd, will, in like manner, be wholly excluded from any share in the management of their own affairs, and will be placed in a position of inferiority in reference to the rest of her Majesty's subjects. I think it right to mention to your Lordship, that even in the southern portion of this island I did not contemplate immediately so extensive a change in the constitution of the colony. I thought that a council, in which the Governor presided, and which was composed of official and unofficial members, the unofficial members being elected by the inhabitants of the colony, would, viewing the peculiar circumstances of the colony of New Zealand, particularly in refeience to the native population, have been that form of government which, for the present, was best suited to the wants of the people ; whilst I do not think it would have been, in any respect, repugnant to their feelings. This form of Government would also, so soon as the land questions have been adjusted, suit the circumstances of Auckland ; particularly if the Governor were empowered, from time to time, to name certain natives who should have the privilege of voting at the elections for the return of representatives. Whatever form of government it may, however, be determined ultimately to bestow upon the northern colony of New Zealand, I beg to suggest that it would be desirable in the first place that it should not be such as to render it doubtful whether the large native population will submit to it ; and secondly, that so long as the Governor has so formidable and numerous a race to control, it ib necessary not only that he should have the power by his negative of preventing any measures beiig passed which might result in rebellion, but that he also requires to be in possession of the active power of carrying such measures as are essential for the welfare and pacification of the native race. For your Lordship will see that, under the proposed constitution, any refusal of the Governor to comply with, perhaps, very impolitic demands of the Lower Chamber may involve a stoppage of the machine of Government, which will entail much evil not only upon tho&e who return the representatives, but upon the large body of natives who will be wholly unrepresented.

At present, the natives are quite- satisfied with the form of government now existing, and as the chiefs have always ready access to the Governor, and their representations are carefully heard and considered, they have practically a voice in the government, and of this they are well aware ; but under the- proposed constitution they would lose their power, and the Governor would lose his influence over them : in fact, the position of the two races would become wholly altered, and the Governor would, I fear, lose that power which I do not see how he can well dispense with in a country circumstanced as this. The natives are, at present, certainly not fitted to take a share in a representative form of government ; but each year they will be more fitted to do so, and each year the numerical difference between the two races will become less striking; so that a great advantage would be gained by delaying even for a' fewyears the introduction of the proposed constitution into the northern parts of New Zealand. The concluding passage of the despatch which your lordship proposes to address to me, leaves to my own discretion, the power of fixing the time at which I should -promulgate the new charter, with, however, so distinct an intimation of her Majesty's pleasure that no unnecessary delay should take place in my doing so, that I think it better to promulgate it with as little delay as possible, after its arrival in this country ; but that portion of the instructions which relates to the introduction of representative instituiions into the country, cannot, under any circumstances, be carried into effect for nearly 12 months from this date, upon account of the numerous preparatory steps, which, in the terms of the instructions, must first be taken. And, as I am apprehensive that any attempt to introduce such a form of government, as that proposed, into this portion of the colony, would shortly give rise to renewed rebellion, I shall, under all circumstances, deem it my duty to refrain from giving effect, in the northern portion of New Zealand, to that portion of the proposed instructions, until I receive ydur lordship's reply to this despatch. In the meantime, however, all the other portions of my instructions shall be carried out as rapidly as possible, and no care nor exertions upon my part shall be wanting to render them as beneficial to the inhabitants of this country as your lordship desires them to be. Whilst the delay in the introduction of representative institutions for a few months will at all events so strengthen the position of the British in this country, that if her Majesty's Government should, with the information contained in this despatch before them, still deem the introduction of the new constitution into the province of New Ulster indispensable, less probability will exist of extensive injury to British interests, resulting from any discontent upon the part of the natives. All my own experience in this country leads me, however, earnestly to request your lordship to advise her Majesty for the present to revoke that portion of the charter which contemplates the introduction of the proposed form of representative institutions into the province of New Ulster, — I have, &c, (Signed) G. Grey. The Right Hon. Earl Grey, &c. &c. &c.

(Confidential.) Extract of a Despatch from Governor Grey to Earl Grey. Government House, Auckland, May 13, 1847. ****** I think that perhaps until this country is a little more settled down, your lordship's views, with regard to the government of it, might be fully met, if it were, as proposed, divided into two colonies, with such a general executive government, and executive government for each colony, as is now provided for in the recent charter and instructions; whilst for the present the legislative body of each colony should consist of one chamber, composed of the Governor, and official and unofficial members, the latter of whom might in the southern colony be at once elected by the people. The general assembly might then, in like manner, consist of one chamber, composed of all the members of the legislative council of each colony, and its meetings, mode of proceeding, &c, might all be conducted in the manner which is proposed. If your lordship should, under the disturbed circumstances of the colony, think proper to send out modified instructions to this, or some similar purport, they would yet reach me in sufficient time. I feel very gieat diffidence in making such suggestions to your lordship, but, at the present moment, the great mass of the native population is now on our side, as the fact of their seizing the murderers at Wanganui, and giving them up to justice, fully shews, and I. think that if nothing occurs now to alarm the natives, that alter two or three more years of peace and tranquillity, the colony may be regarded as quite safe, aud the lives and pro-

pertres of the settlers would be in a state of complete security; whilst, upon the other hand, I caunot but view with the greatest alarm and anxiety the possibility of the frequent and extended recurrence of such scenes as that which recently took place at Wanganui. Until your lordship's further instructions reach me, I will proceed, ts rapidly as is practicable, with the adjustment of all those difficulties which have arisen from the penny-an-acre proclamation, and irotn the extended grants of land. I will also introduce, in the most conciliatory manner, alt those portions of the new form of government which confer real and lasting advantages upon this countty of the most undoubted and obvious kind, such as the division of the colony, &c, &c. ; so that even in the event of your lordship determining upon the immediate and complete introduction of the whole of the proposed new form of constitution, every preparation in my power shall be made for such a measure, and it is certain that, after so many difficulties have been removed, the country will be in a much better state for such an experi- ~ ment than U is at present. ** I have, &c, (Signed) G. Grey. The Right Hon. Earl Grey, &c, &c, &c.

The following Report (alluded to in our last number) was submitted by the Directors to a Special Meeting of Proprietors of the New Zealand Company on the 15th October ; we have also re-printed an able article (suggested by the Company's report) which appeared in the limes on New Zealand affairs :—: — NEW ZEALAND COMPANY'S REPORT. " On the 14th of May last, when you held your Annual Meeting in this place, particulars were laid before you of the arrangements which were then in progress between your Directors and her Majesty's Government ; and, in anticipation of the necessary sanction of Parliament, those arrangements received jour approval. "The Act by which the required sanction has been given, intituled, ' An Act to promote colonisation in New Zealand, and to authorise a Loan to the New Zealand Company, (10 and 11 Victoria, chapter cxii.), is now upon the table ; your consent is requisite to empower your Directors to give effect to its provisions ; and resolutions for this purpose will be proposed for your adoption. " By the arrangement with her Majesty's Government, confirmed by the Act of Parliament thus referred to, a most important trust is confided to the New Zealand Company. All the demesne lands of the Crown in the whole of the Middle and of Stewarts Island, and in the southern part of the Northern Island of New Zealand, are absolutely vested in the New Zealand Company, with power to administer in the manner stated in the Act all the rights of her Majesty in reference to the said demesne lands, in such wise as shall seem to it best fitted to promote the efficient .colonisation of New Zealand. It becomes, in consequence, the duty of your Directors to lay before you and the public, the object with which they undertake this great trust, and the advantages which by means of it are offered to all ranks of society. " The aim of this Company is not confined to mere emigration, but is directed, as you have long been aware, to colonisation, in its ancient and systematic form. Its object is, -to transplant English society with its various gradations in due proportions, canying out our laws, customs, associations, habits, manners, feel ings — every thing of England, in short, but the soil. We desire so now to cast the j foundations of the colony, that in a few generations New Zealand shall offer to the world a counterpart of our country, in all the most cherished peculiarities of our own social system and national character, as well as in wealth and power. " Such is our aim in consenting to undertake this trust. The New Zealand Islands seem to afford the only field on the globe where it is any longer possible to attempt an enterprise of this interesting and comprehensive character. And iv them many circumstances unite in a remarkable manner to promise success, provided the proper means are prudently and energetically combiued. *• So much is now generally known regarding the salubrity of the climate of New Zealand (superior to all others in respect of its freedom from drought, from excessive heat in summer, from cold in winter, and from too much wet in any season) — regarding the great fertility of its soil in many extensive districts — its adaptation to agricultural and pastoral purposes — the mineral productions, comprising coal, iron, sulphur, copper, and several 6ther useful kinds— the timber — the excellence and number of the ports — and the advantageous position of the islands, which assumes to them ultimately the naval and commercial command of the Pacific — that it is< unnecessary at present to do more than to allude to these points ; but connected with them,

the moderate extent of the islands is an ele- '• ment of great consequence. For a limitation of the area in any field for colonising opera- | tions, where neither slaves nor convicts can Ihe employed, is indispensably requisite for i the retention of colonial society in the onward ; path of civilisation, and the prevention of the dispersion and isolation of families so fatal to colonial prosperity. " Such is the country which is now opened to the enterprise and sagacity of the mercbauts, agriculturists, and gentlemen of England, and to the industry of its labourers and artisans, and on which her Majesty has graciously been pleased to confer rights and institutions which offer the benefits of local and municipal selfgovernment. But while the assemblage of circumstances thus combining to promise that life in New Zealand shall be agreeable and property valuable, displays itself in colours so attractive, care must be taken that the attention is not diverted from the great certainty, that social happiness and the growth of wealth in a new colony are results which may be entirely missed, unless the methods which shall be employed respectively to achieve them embrace those elements which experience of the moral and material requirements of mankind demonstrates to be essential to their attainment. No procedure — no organisation — will prove of any avail unless animated by such principles. " Thus religion and education are essential to the existence and growth of social happiness. And although the extent to which the colonists shall enjoy the benefits of these blessings will ultimately depend on themselves, yet the Company will endeavour to initiate the provisions for them in every one of the settlements that shall be formed. " In like manner the growth of wealth (and with it all the fruits of civilisation) depends upon such a combination between the capitalist and the labourer, that each shall be reciprocally dependent on the other. Capitalists without labourers would find their capital paralysed ; and labourers without capitalists, or independent of them, would unifo mly pass off into semi-barbarous cottiers, with no example of any class of society better and highel than themselves, and without any possible means of improvement. " Unless, therefore, the New Zealand Company can secure combination between capital and labour, it will fail of its great object*. This combination is the indispensable condition of colonial prosperity ; and all the plans for new settlements, which your directors will soon have to submit to the public,' will be founded on it. Their great desire is, and to the accomplishment of it they Vill direct all their energies, that the opportunity of gradually acquiring a good landed estate shall be afforded to the gentleman and practical farmer, and the certainty of good wages, good living, and an ultimate independence to the industrious labourer. In devising, and in steadily applying the means for attaining these objects, consists the main utility of the Company ; and now that all differences between it and the Government, both at home and in the colony, have entirely ceased — that it is receiving possession of its long withheld lands, — has been invested with the great trusteeship which is now announced, — and that the natives, reduced to order by the energetic and conciliatory policy of Governor Grey, are generally adop- | ting the habits of civilized life, betaking themj selves to the culture of the soil both on their own account and as labourers to the settlers — your Directors resume their functions under I a confident hope that ihey shall be enabled to carry to si happy practical result those principles which the experience of all colonies, in all ages, has shown to be sound. " Subject to such modifications as altered circumstances render necessary, they are prepared to go on with land sales, and to recommence their active operations in the existing settlements of Wellington, Nelson, New Plymouth, and Otakou ; and they will, ere long, make known what new districts they offer for colonisation. " It only remains to state, that John WelsfordCowell, Esq., her Majesty's Commissioner, has entered upon the execution of his duties. The Directors anticipate much advantage to the Company, and to New Zealand, from the great experience and sound judgment of this gentleman : and they regard his appointment with sincere satisfaction, for the evidence it practically affords of the disposition of her Majesty's Government effectually to co-operate in carrying out the great public objects to which the efforts of the Company are directed, and for the confidence which a knowledge of that co-operation will impart to the public." New Zealand House, 9 Broad-st. Buildings, London, 15th October, 1847.