New Zealand Spectator, AND COOK’S STRAIT GUARDIAN. Wednesday, July 23, 1851.

New Zealand Spectator and Cook's Strait Guardian, Volume VII, Issue 623, 23 July 1851, Page 2

New Zealand Spectator, AND COOK’S STRAIT GUARDIAN. Wednesday, July 23, 1851.

Yesterday Sir George Grey laid before the Legislative Council an extract from a despatch recently received by him from Lord Grey, referring to the establishment of Provincial Legislative Councils, and to the future constitution of the colony. As the extract referred to (which was ordered by the Council to be printed) is of considerable importance, we have published it for general information, merely observing at present that His Excellency seems completely to have anticipated the instructions contained in this despatch in the measure which has just passed the Council, while the opinions expressed by him in Council, as to the nroi°Md^ ay ° f any Parliamenta ry enactment establishing a n ew constitution in New Zeaand, are fully borne out by Lord Grey’s despatch. J

Extract from a Despatch from the R IOH t Honorabae Earl Grey to the Cover, nor-in. Chief of New Zealand. N °‘ 23 - S lR> __ 19th February, 1851. In acknowledging your despatch No 98 Of September 20th, in which yon t |°’

resignation of certain gisiative Council of New" th e L take the opportunity o f a dv o 1 1 will former despatch, No. 161 J?»•» 30tb, 1849, in which you troduction of representative in?,? 1 . "“J New Zealand in the sent year. 5 01 the p t 6 . 2 -, Ihave ’ as yet, refrained f mg this despatch, not from anv, on the part of her Majesty’s Govp entertain the momentous question it relates, or from any distrust judgment m thus proposing th<A J of free institutions, at an earlier r B5 was before contemplated, into the ° dtllail nity over which you preside; but?* sense of the practical difficulties wh'? ’ pose the immediate realization of p ’ views. Fully admitting the principle J* you advocate, and also the force f testimony to the fitness of the cnn? yBst of New Zealand for the proposed c ? Blllty the manner of effecting it required consideration, not only from its its o? 05 herent difficulties, but because it be done without the authority' of 7 ment.

3. I therefore postponed my answer, til it could be determined whether?' possible to submit any measure on the? ject of the constitution of New ZeaUk Parliament during the present must now inform you that upon afulk view of the various subjects which 2 necessarily be brought before the tu’-e in the present session, her Maiest/ Government have come to the coudu£ that it probably will not be in their n Ow ; without interfering with measures of more pressing urgency, to introduce in to. session a bill for determining the future constitution of the Government of New Zealand, since from the experience of the discussions on the bill for extending to the other Australian Colonies the constitution already established in New South Wales.it is evident that the consideration of such a measure would necessarily occupy a very large portion of the public time. 4. These reasons, in addition to those al. ready stated in my despatch of the 22nd of December, 1849, have induced me to con. sent to the continued postponement of a more comprehensive measure, and I have felt the less difficulty in doing so, inasmuch as the powers with which you are already invested by the Suspending Act of 184 S enable you to introduce the representative principle, of your own authority, into the Legislatures of the Provinces into which New Zealand is divided. If you think the time has arrived for the safe exercise of those powers, I wish you to use them forthwith. For it would, in my opinion, beattended with much convenience that the Provincial Councils should be re-constituted on this basis before the constitution of the General Legislature is altered.

5. The best model for these Provincial Councils, which must be regarded as temporary and subordinate institutions, will probably be attained by introducing a number of elective members exceeding the non-elective; but the proportions, and the other details, I leave to v ourself. 6, I agree with you in thinking that hereafter, when the population of the colony shall have increased, and the means of communication been improved, many of the subjects which must for the present be dealt with by these separate Legislatures will be brought again with propriety under the control of the General Legislature; the Provincial Councils confining themselves, ultimately, to the discharge of duties simi* lar to those which, in Canada, devolve on the District Councils.

7. I approve also of the change which you propose, in paragraph 7 of your despatch of November 30, 1849, to introduce in the present constitution of the Provincial Councils as to the suspension of their Ordinances by the Governor-in-Chief; but this is a power which, from the nature of the subject, should be very sparingly exercised.

8. On the question of the farther subdivision of New Zealand in general, or o> New Munster, into Provinces, I must necessarily rely, in great measure, on your judgment. According to the best opinion which I am able at present to form, - it sirable that such subdivision should ta_ e place. The parties who are interested in the settlement of Canterbury, and I believ also those who are concerned in Otago, ar desirous of having those settlements ere^. e , into separate Provinces, in which case M e son would remain, as now, in connexio with Wellington. But the decision »= - the limits of these Provinces I wish to main with yourself. 9. This opinion, however, is not ditional, lam not satisfied of the exp

ency of establishing in these smaller Provinces Councils entirely nominated by the Crown, as you appear to suggest in your despatch of November 30, 1849. I think, on the contrary, that no new Provinces should be constituted unless the representative element can be introduced into its Councils. But, even with a very small population, this appears to me practicable. 10. In the next place, I agree in your opinion, as expressed in your despatch of December 22,1849, paragraph 20, that no new Province should be constituted, unless on the terms of supporting its own peculiar expenses, and contributing its fair proportion to those general expenses, whatever they may be, which may be charged on the whole community of New Zealand. 11. In order to carry these views into effect, I have advised Her Majesty to make the necessary change in the Charter of 1846. The Act of 1848, suspending the Constitution, does not suspend that portion of the Act of 1846, which empowers the Queen to divide the Island into Provinces, or that portion which enables Her to delegate to the Governor any portion of the [powers which that Act confers upon her. You will therefore be empowered in general terms, to constitute new Provinces ; and the I Act of 1848 gives you sufficient authority [(with the advice of the Legislative Council of New Zealand) to constitute Legislatures Tor such Provinces.

12, To facilitate the same object, the Royal Instructions will also be altered in the manner which you recommend in your despatch of October 22, 1849, as to the Constitution of the Executive Council. 13. When the inhabitants of New Zealand are thus invested with the power of managing the affairs of the separate Provinces by representative bodies, by which also they will be enabled to express their wishes and opinions to the General Legislature (which will, no doubt, be much assisted, and in great measure guided, by their advice), I trust that no serious inconvenience will result from the postponement for a short time of a change in the constitution of the latter body, by which a representative character will be given to it likewise.

* * * * * \ i nave tne honor to be, &c., &c., &c., (Signed) Grey. Governor I oir George Grey, K.C.d., ■ &c., &c., &c. A true extract, G. S. Cooper.

|By the Louis and Miriam English news has Ibeen received vid Sydney to 24th of March, [from which it appears that Lord John Russel’s ministry have returned to power, Lord Stanley having found himself unable to form a Protectionist Ministry. Our extracts contain the latest English news furnished by these papers; also the latest accounts from the Gold Diggings at Bathurst.

The Black Dog arrived on Monday from the Auckland Islands with C. Enderby, Esq., Governor of that settlement. The accounts from the settlement are favourable; there are now nine vessels, including the Black Dog, belonging to the Company in these seas. The Black Dog has visited our Port for supplies, and will probably remain here about ten days.