Copy of a Despatch from Earl Grey to Governor Grey. Downing-street, July 7, 1848.

New Zealand Spectator and Cook's Strait Guardian, Volume V, Issue 382, 31 March 1849, Page 3

Copy of a Despatch from Earl Grey to Governor Grey. Downing-street, July 7, 1848.

Sir, — In my despatch of the Bth June, 1847, No. 72, I directed your attention to certain apparent Inconsistencies between the Ordinance No. 16 of session 7, for the establishment of Resident Magistrates' courts, and chapter 14 of the Instructions accompanyiug the New Zealand Charter, and informed you that I had delayed advising her Majesty to confirm the Ordinance, and making the necessary amendment in the Instructions, until made certain by further communication from you, whether you deemed that course advisable. From your despatch in answer, No. 132 of December 15th, 1847, I learn with much pleasure that yon are satisfied with the working of the Ordinance, and that you entertained hopes of extending the influence of British law, through its means, among her Majesty's native subjects. And I collect it to be your wish, that any amendments in your instructions which may be necessary to allow of the operation of this Ordinance should be made. The instructions in question give you the power to constitute aboriginal districts, in which native laws and usages should prevail to the extent therein specified.

2. It appears to me that there might certainly be a difficulty in reconciling some of the provisions of this Ordinance with the system laid down in the Instructions with respect to those districts. For instance, by section 7 of the Ordinance, it is provided that, except within the limits of a town, no person of the native race shall be apprehended .or committed except upon a \i arrant signed by a Resident Magistrate ; and by section 8, that no information or complaint against any person of the native race shall be heard or determined in a summary way, except before such Resident Magistrate. These regulations would appear not to be maintainable in which the laws and usages of aboriginal inhabitants are to be maintained, and in which (see clause 3) native chiefs may be appointed by the Government to carry these laws into execution. 3. These, however, are difficulties which would only arise on the contingency of your deeming it advisable to constitute aboriginal districts. As this is a matter entirely within your own discretion, there is no occasion at present to alter either the Instructions or the Ordinance as regards these particulars. You will only take notice, that if you should at any time think proper to exercise the power in question, by constituting any such districts, it will be necessary, or at least advisable, that you shouli accompany its constitution by an Ordinance amending, as regards that district only, those portions of the present Ordinance which I have pointed out as inconsistent with it, and any others which careful examination may prove it inexpedient to retain. 4. The only clause of the Instructions which appears immediately incompatible with the Ordinance, is chap. 14, clause- 6, which compels the courts and Magistrates throughout the Province and beyond such aboriginal districts, to give effect to native customs in cases between natives. This might very probably be found to interfere in an inconvenient manner with that portion of the Ordinance which relates to the establishment of arbitration courts for native cases. I have, therefore, thought it advisable to recommend the repeal of the clause of the instructions in question, and the necessary instruction for that purpose will reach you with the present dcsI patch. With this precaution the Resident Magistrates' Courts Ordinance, 10th Viet., Sessioii 7, No. 16, can be safely confirmed; and I have accordingly to acquaint you, that her Majesty has been pleased to confirm and allow it. You will cause her Majesty's decision to be made known to the inhabitants of New Zealand, by a proclamation to be published in the usual and most authentic manner. I have, &c, (Signed) Geey. Governor Grey, &c, &c.