EXTRACTS FROM THE BLUE BOOK.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 726, 17 July 1852, Page 2

EXTRACTS FROM THE BLUE BOOK.

Copy of a Despatch from Governor Sir George Grey to Earl Grey, enclosing a Draft of the Provincial Councils Ordinance. Government House, Auckland, - Oct. 24, 1850. Mr Lord — I have, to acknowledge the receipt of your Lordship's despatch, No. 89, of the 22nd December last, informing me that your Lordship entirely concurred in my views and proposals respecting the future introduction into the New Zealand islands of Representative Institutions, by the creation of legislative bodies, such as I had described, exercising the same functions respectively as .the General and Provincial Councils which 1 had constituted. 2. In the same despatch your Lordship informs me, that you did not, however, think it advisable that Parliament should interfere, by passing at present any new Act, for the purpose of giving effect to my views, because it did not appear that I proposed that any changes should immediately be brought into operation in 'the then" existing form of Government, beyond such changes as I was empowered to make_ with the advice of the General Legislative Council, by the Act of 11 and 12 Viet. c. 5. 3. About the same time that your Lordship -addressed this Despatch to me— that is, upon the 30th of November, 1 849 — I addressed a Despatch to your Lordship, No. 161, reporting, that from the continued tranquillity which had prevailed in these islands, and from their augmented European population, their general advance in wealth and prosperity, the diminu-~ tion in the annual expenditure incurred by Great Britain upon account of these colonies, the large reduction which was being carried out in the naval and military force stationed here, and -the rapid progress in civilization which the na-~ tive population continued to make, I thought that Representative Institutions might probably, with great safety, be introduced into these islands, in the year 1851, unless some unforeseen disastrous events took place. 4. A short notice of the proceedings in the House of Commons, upon the 13th of May last, has lately reached me, from which I perceive that Lord John Russell had informed Parliament of the receipt _of this Despatch, and' had expressed an approval of my recommendations, and the intention of her Majesty's Government to act upon them during the course of the next session.^ 5. In the meantime all my expectations regarding the continuance of the tranquillity in the colony, and of its continued increase in wealth and population have been fully realized ; and the contemplated reduction in the naval and military force, and in the annual expendi- " ture incurred by Great Britain upon account of New Zealand, have been carried out. There appears, therefore, no reason why the necessary preliminary steps for the introduction of Representative Institutions should not, as soon as possible, be taken. On the contrary, perhaps, it would appear prudent to begin at once to introduce such great changes in such a manner as to carry them out slowly, and whilst the presence of the reduced force at present serving in the country, and" the expenditure of the reduced amount still allowed by Great Britain in aid of. the revenues of the colony, permit changes to be made in the constitution of so peculiarly circumstanced a country, with less risk of danger than if the European population were left quite unprotected, or than if the country was left wholly dependent upon its own revenues. 6. In my Despatch, No. 98, of the 20th September last, I also transmitted to your Lordship a series of Despatches from the Lieute-nant-Governor of New Munster, detailing the difficulties which had arisen in that Province with several members of the Provincial Council, which, I think, would have convinced your Loi dship that it would be wiser in me — viewing also the other arguments I have used in this Despatch — at once to begin taking here the preliminary steps for the introduction of Representative Institutions. 7. Acting upon this' view, f propose to avail myself of the powers vested in me by the Act 11 and 12 Viet. c. 5, which empowers me, with the advice of my Legislative' Council, to constitute Provincial Councils, composed of appointed* or elected members, dr of both of them, for any Province^ in these islands, by submitting to a general Legislative Council which I propose immediately to convene at Wellington, the Bill for- this-purpose, the draft of which I have the honour to enclose for your Lordship's information ; and this proceeding on my part will be entirely in conformity with the terms of your Lordship's Despatch, No. 89, of the 22nd of December last. 8. I do not think, that in adopting this course 1 shall in any manrier interfere with the action of Parliament, as I simply act in conformity with the powers conferred upon me by Parliament, by the 11 and 12 Viet. c. 5, and because all the provisions of the enclosed Bill, with the exception of two or three points, have already been fully detailed in previous despatches which have been published and laid before Parliament, and have received the sanction of- her Majesty's Government. And finally, when Parliament considers the question of tfie .form of the general Government of these islands, which still must'Vecessarily be done, it will be-in the power of Parliament to reject the whole of this measure, or any portion of it which, may be disapproved of. 9. Your Lordship is already aware, from my Despatch, No. 4, of the 2nd of February, 1849, . that the Council of New Munster has expressed its full approval,- by a series of resolutions, of all the most important principles of this measure. I anticipate, therefore, that it will be passed by that body without undergoing any material alteration in its general features. Indeed, I have not yet from any portion of the colony, heard any material objections, raised to the proposed form of Constitution, although it has now been for so long a time under the consideration of the public.

■10. In your Despatch, No. 89, of the 22nd of December last, your Lordship recommended a modification in any amendment which might be made in the existing Provincial Councils Ordinance, by reserving the power of legislating upon certain additional subjects of general interest to the Central Legislature. Your Lordship will observe that, with the exception of one of the points named in your Despatch, your instructions on this subject have been attended to in the enclosed Bill, and it is my intention to bring this reserved point under the consideration of the Council. Indeed, I only refrained from embodying it in the Bill, from experiencing a difficulty regarding the language which should be used for this purpose, so as only to include the subjects intended by your Lordship, and nothing more. 11. The only one of your directions 1 think it, will be difficult to carry out, is that which contemplates the passing of laws for the purpose of making permanent provision for the .efficient maintenance of the various establishments which have'been created for the benefit of the natives, who contribute so largely to the revenue. I still think that for the next few years it would be better to reserve a sum for these purposes in the form of a Civil List, which the Executive Government might apply for such institutions and for such purposes connected -with the' improvement of the native race, as it thought most desirable. The fact being, that at the present moment not even a third part of the institutions which ought to be established for the benefit of the large native population have yet been established, so that new charges will have annually to be incurred upon this account, whilst in the ease of several of those institutions alreaaV established, large endowments having been settled upon them, they are already, to some extent, defraying their own cost, and in a very few years will cease to entail any charge upon the public revenue, so that it appears difficult, for the next two or three years, to frame and submit, for the consideration of the Legislature, laws for the purpose of making permanent provision for the maintenance of establishments for the benefit of the native race. I have, indeed, in all instances, tried, as far as possible, to provide for these from endowments intended equally to benefit all races of her Majesty's subjects, with the express object of hereafter avoiding the frequent discussion before the Legislature of questions connected with the providing funds for benefit of the native race ; the discussion of questions of which class, in a country occupied by different races, might be attended. with grave inconvenience. 12. In reporting generally upon the form of Council proposed to be created by the enclosed Bill, I beg to point out that it is in fact proposed to create in. each Province a district Council with very extensive powers in the first instance, but which powers can be continually absorbed by the Central Legislature of these islands, as thia body may think proper to do so. This point has been kept in view by only requiring the laws enacted by the Provincial Councils to be submitted for the approval or disallowance of the Governor-in-Chief, instead of requiring them to be transmitted for the approval or disallowance of her Majesty, thereby following the analogy of bye-laws made by a municipal body ; and the same point has been kept in view by'litniting the duration of the Council to two years, and in various othej minor provisions of the measure. 13. 1 also beg to bring under your Lordship's notice the following remarks connected with the details of the Bill : — Regarding the constitution of the Council, and the proportion to be observed between the members to be elected or nominated by the Crown, I should report that I have exactly carried out the recommendations I have previously made on this subject, and which have been approved by Parliament. A most wide and unfettered discretion is left to the colonists for the selection of their own representatives; and I think that in a country inhabited by so many various races as this, and where such difficult questions will constantly arise, the Crown should be able to guide such an assembly by being certain of securing the presence in it of some of the most able and virtuous men in the country, without reference to their party views, or to their holding office. 14. I have already in my despatch, No. 23, of the 15th March, 1849, which was laid before Parliament, stated in detail the grounds on which I justify the low rate of franchise adopted in this measure. Your Lordship will observe that I propose that the same amount which qualifies an elector should qualify a person to be returned a? a member of the Council. I might justify this by the analogy of Scotland, where such a system has worked well ; but there are additional reasons for adopting such a rule in a colony where frequently most able and deserving men are by no means rich. In fact my object throughout has been to leave to the colonists the most unlimited power of selecting those men whom they may judge to be most able and the most fitted r to representtheirinterests; and to the Crown, upon the other h^nd, the most unlimited power cf selecting those it may deem most qualified to guide and direct the country ; and with this view your Lordship will observe that I have not even adopted the usual clause which only enables the Crown to nominate one-half of the non -elective members from holders of office under the Crown, compelling it to nominate the other half from gentlemen in no way connected with the Crown, as I could see no t good reason why, when such very.liberal concessions are made upon the one hand, the Crown should not, upon the other hand, have the most unqualified and unlimited power of'selecting members for their ability and excellence alone, without any view to the fact of their holding office, or the "contrary. Indeed in such a limited community as this is, it seems a matter of the greatest importance to place as few restrictions as possible upon the ' power of choosing members for the Council from the whole talent of the community. . 15. It is with a vieV to the same object that I have proposed that the expenses of members should be paid. In no other manner would it be possible in New Zealand to obtain the attendance of county members, and I am sure that without the adoption of this rule the whole plan would break down. Although, therefore, the amount to be paid to members, and the proposed details, may be modified by the Council when the measure is laid before them, I have

no doubt that they will affirm the general principle as embodied in the enclosed Bill. 16. In the draft measure now transmitted, J the rate of franchise for the natives is different from that which I had, previously recommended, to your Lordship. It is now proposed to get over the difficulty by only constituting certain electoral districts in those portions of the province densely inhabited by Europeans, arid in those districts a common rate of franchise is fixed for all races; whilsf Europeans or natives who may reside without such districts are equally disfranchised. Upon the whole I have at present come to the conclusion that this is the best mode of settling a very difficult question, and I think it is one which will be regarded by both Europeans and natives as satisfactory. 17. I think I have now furnished a report upon all those points . connected with the enclosed measures, regarding which your Lordship is likely to require information. I ought, however, to state, in reference to the Gejieral Assembly for these islands which is to be"constituted by Parliament, that I have nothing to add to the recommendations I have already made upon this subject, except that I think that provision should be made for the payment' of the expenses of the members. I should also add that I am quite unaware what may be the state of public feeling in.England upon the subject of members of the Upper House" of Assembly being elected by persons possessing a higher rate of qualification than that which entitles persons to a vote for members of the Lower House, but I think that if ihere is no constitutional objectiou to such a mode of returning members to the Upper House, it would work well in New Zealand not only at present but even for a very, long period of time. I have, &c, (Signed) G, Grey. Right' Honourable Earl Grey, &c, &c,, &c. -

Copy of a Despatch from Earl Grey to Governor Sir George Grey. Downing Street, April 2, 1851. Sir, — I have to acknowledge your Despatch, No. 123, of the 24th October last, enclosing the draft of a-" Provincial Councils Bill," and informing me of your intention of submitting it forthwith to the Legislative Council. 2. The general principles of tbe measure are in full accordance with the instructions and suggestions which -I have already given you on this subject. 3. There are, however, two points in which I consider it defective, and which are of sufficient importance to induce me to mention them at once, instead of waiting for the arrival of of the Ordinance itself. In what I have to "say, therefore, I shall assume that the Ordinance has passed, or will pass, in substantial agreement with the draft before me. 4. I do not find that it contains any provision l-eserving to the local Government the initiation of money votes. I conjecture the omission to have happened in this way : the existing' Provincial Council Ordinance (sec. 1 6), provides that no law shall be enacted or 'question debated unless on the proposal of the Governor. It is possible that in omitting this provision as incompatible with the new organization of the Council, it did not occur to the framers to reserve the control thereby abandoned in the case of money votes. 5. But in whatever way the oniissi&n may have occurred, it is very material. It is obvious (as experience- in>. some British colonies has amply proved) that without this power the* local Government cannot carry on- the affairs of the community with advantage, because it cannot estimate beforehand the means which may be at its disposal, or determine to what services these shall be appropriated. The New South Wales Constitutional Act (5 and 6 Viet. c. 76, sec. 24), affords an example ot the kind of clause which is required. 6. The second point is, your proposing to vest the power of confirming and disallowing the Ordinances passed by the Provincial Councils in the Governor-in- Chief, instead of in her Majesty. 7. This is an innovation of a serious character, and one which I conceive the Legislative Council of New Zealand would have no authority to make, were it not that the language of the Act which you cite (11th and 12th Viet., c. 5) is such as to be open to the interpretation, that this very unusual power is conceded by it to that Legislature. 8. I am not prepared to advise her Majesty to consent to so material a change in the ordinary form of a colonial constitution. You state, indeed, as your reason, that you wish to follow the analogy of by-laws made by a municipal body, expecting that the powers of these Provincial Councils will be gradually absorbed by the Central Legislatur-e. But this is an anticipation of the correctness of which it is impossible to be certain ; in the mean time, the powers actually confided to these Legislatures, although limited by certain restrictions, are absolute on the unrestricted subjects, and greatly exceed those of an ordinary municipal body. Looking, therefore, not merely at the particular instance, but also at the general rules which those entrusted with the administration of her Majesty's colonial possessions must bear in mind, I think the recognised principle must be preserved. 9. This, would, indeed, have been sufficiently done, if clause 22 of the draft Ordinance had stood alone. For it would" then have been in the power of the Secretary of State to instruct the Governor-in- Chief in no case to confirm a law passed by a Provincial Council until he had received her Majesty's authority to do so, leaving the Governor-in- Chief free to disallow, without such authority, any which he might deem objectionable. -This would have rendered the deviation from the ordinary method one of form only, and not of substance, and I should have regarded it as immaterial. 10. But the power reserved to her Majesty by that clause seems to be controlled by subsequent clauses (although the effect which would result from this apparent conflict is not cleai to me), and especially by clause 44 which renders it imperative on the Governor- in- Chief to declare his disallowance within twelve months, and which must, in some cases, 'render intermediate consultation with the Secretary of State impossible.

11.' The Ordinance', therefore, requires amendment in these particulars, and as it is convenient that the law for the establishment of Provincial Councils ehould be contained in a single Ordinance, the best course will be to repeal the present one, and re-enact it with the necessary alterations. In the meantime, as her Majesty cannot be advised to confirm it in its present shape, I shall defer submitting it to the Queen when it arrives. . 12. The remaining suggestions of your Despatch^ will be fully boine in mind when the subject of the general institutions of New Zealand comes next under the consideration of her Majesty's Government. I have, &c, (Signed)" Grey. Governor Sir George Grey, &c, &c, &c,