Copy of a Despatch from Governor Sir George Grey, K.C.B., to EARL GREY. Government House, Wellington, August 30, 1851.

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 743, 15 September 1852, Page 3

Copy of a Despatch from Governor Sir George Grey, X.C.8., to EARL GREY. Government House, Wellington, August 30, 1851.

My Lord, — Advening to ray despatch, No. 123, of the 24th October, 1850, in which I transmitted, for your Lordship's information, the draft of a Bill for the constitution of Provincial Councils which I intended to introduce into the General Legislative Council of these islands, I have now

tbe honour to enclose that Ordinance in the form in which it pas>sed the Council and received my assent. 2. In thus trfliisrai.ting it for the purpose of being submitted tor her Majesty's approval or disallowance, I think it right to make, for your Lordship's information, the following report upon the enclosed measure. 3. In doing so it will however be necessary for me to advert to what took place in 1846, when Parliament passed an Act to make further provision for the government of the New Zealand islands,* in conformity with the provisions of which a charter was .issued, and a constitution conferred upon these islands, regarding the general provisions or details of which, it was, from want of time, not found practicable to afford me any opportunity of making a report or offering any opinion. 4. When that constitution and the instructions which accompanied it arrived in the colony, very serious disturbances prevailed ; and the native population having for some time previously been in a state of great excitement and rebellion, I thought it would be imprudent to attempt immediately to introduce certain provisions in the charter, constitution, and instructions, which had been sent out to me, and I reported to your Lordship accordingly. With a promptitude and geuerous confidence in my prudence and judgment for which I shall always feel grateful, your Lordship acceded to my views; and upon your recommendation Parliament passed an Act in 1848, suspending for five years the constitution which had been bestowed upon these islands, and further authorizing me, during those five years, to constitute in New Zealand Provincial Councils, to be composed either wholly of elected, or partly of appointed and partly of elected members, as might be thought most desirable. 5. The suspending Act of Parliament not wholly repealing, or even altering, the constitution which, under your Lordship's directions, bad been conferred upon these islan Is, but only deferring its introduction for five years, I felt that it was my duty to your Lordship, who had acted with such generosity and confidence towards myself, to be careful to exercise the powers conferred- upon me by Parliament wiib regard to the creation of Provincial Councils in such a manner as should neither defeat nor even embarrass, but rather aid in the introduction (at the termination of the five years for which it was suspended) of that form of constitution which that officer of Her Majesty's Government, under whose direct orders I was serving, and upon whom the responsibility of advising the Queen upon such subjects rested, had deemed most fitted for tbe present condition of these islands, and which constitution was, moreover, in very many of its main features, one well adapted to promote the prosperity of New Zealand. 6. I also felt that I had a peculiar and very delicate duty to perform towards Parliament, because the powers with which I was intrusted by the Act 11 Viet. cap. 5., of constituting Provincial Councils, were very great powers, such as I believe had before that time rarely, if ever, been intrusted to a Colonial Governor ; and Parliament, at the same time that it had intrusted me with these ample and unusual powers of legislation on such important subjects, was" itself legislating upon the same subjects, with reference to colonies in the immediate vicinity of these islands. I judged therefore that it was ray duty, as an officer ot a great empire intrusted with high powers, not to attempt rashly to set up ray judgment against the opinions of the majority of the great council of that empire, and by legislating in a manner different from that which they thought proper to pursue in immediately neighbouring colonies, create, perhaps, great embarrassment, and much discontent. But I thought it rather my duty, in any Ordinances which I might pass for the creation of local legislatures, to act, in as far as the circumstances of this country would permit, in perfect accord and harmony with the system which Parliament mighc pursue ; and then, in reference to any other changes I might deem necessary, to make recommendations on tbe subject to your lordship, in order that they might then be submitted for the consideration of Parliament. 7. In all proceedings, therefore, which I bays taken in leference to the changes I have introduced into the constitution of this country, I have held the two foregoing principles in view ; although I have still so framed my measures as to make gradual advances towards what, in my own opinion, would be tbe most perfect form of constitution which could be bestowed upon New Zealand. 8. The recent despatches I have received from your lordship having convinced me that your desire to promote the welfare of the inhabitants of these islands and tbe interests of the' empire is so strong, that you are ready instantly to forego the form of constitution proposed by your lordship if a better one can be presented for your consideration, and as you have invited the full expression of my views upon the subject, I now, although with a sense of great diffidence in opposing my own opinion and views to those of your lordship and Parliament, proceed, in transmitting the enclosed Ordinance, to make a general report upon the form of institutions which a long consideration of the subject has made me deem best adapted to the circumstances of these islands, and to show how I hoped that the Ordinance now transmitted might ultimately form a component and perhaps the most important part of such institu.ioas. 9. In making such a report as I have above indicated, I shall assume, in conformity with the terms of your lordship's despatch, No. 23, of the 19tb of February, 1851, that (although they have not yet reached me) instructions have been issued to me by her Majesty, leaving me unfettered discretion as to the number of provinces into which New Zealand should be divided ; and I shall further report fully the mode in which I intend temporarily to give effect to those instructions and to the enclosed Ordinance, so that my proceedings may, in as slight a degree as possible, interfere with any subsequent arransenentswhich her Majesty's Government may see fit to make regarding the form of constitution for NewZealand, whether they may either adopt in whole or in part, or entirely reject, the pan of institutions embodied in the enclosed Ordinance and this report. 10. Io order that the present state of these islands, and the condition of the several rarrs lubabiuuj them, fur whom rejresentative insti-

tutions are to be provided, may be clearly understood, and that the subject may stand in a complete form, it will be necessary for me to incorporate inlo the present despatch, with such modifications as carry tbe subject up to the present time, several of the first paragraphs of a despatch, number 93, which I addressed to* your lordship upon the 9th of July 1849. 11. The group of colonies comprised in tbe New Zealand islands are composed at present of what may be termed nine principal European settlements, besides smaller dependencies of these. The largest of these settlements contains about nine thousand (9,000) European inhabitants ; and their total European population may be stated at about twenty-six thousand souls. These settlements are scattered over a distance of about nine hundred miles of latitude ; they are separated from each other by wide intervals, and communication, even for persons on horseback, exists only between three of them. Then inhabitants are chiefly British subjects, but there are amongst them many Americans, French, and Germans. The majority of them have never been trained to the use of arms. The settlers, both in the main colonies and the subordinate dependencies, bave occupied the country iv so scattered and irregular a manner, that it would be found impossible to afford them efficient protection. They are generally without arms, and would probably be deprived of them by the aboriginal population if they possessed them at any remote stations. 12. The wide intervals between these European colonies are occupied by a native race, estimated to consist of one hundred and twenty thousand (120,000) souls, a very large proportion of whom are males capable of bearing arms. These natives are generally armed with rifles or double* barrelled guns ; they are skilled in the use of their weapons, and take great care of them •, they are addicted to war, have repeatedly in encounters with our troops been reported by our own officers to be equal to any European troops, and are such good tacticians that we have never yet succeeJed in bringing them to a decisive encounter, they having always availed themselves of tbe advantage afforded by their wilds and fastnesses. Their armed bodies move without any baggage, and are attended by tbe -women, who carry potatoes on their backs for the warriors, or subsist them by digging fern-root, so that they are wholly independent of supplies, and can move and subsist their forces in countries where our troops cannot live. 13. I should correct here a popular fallacy, which, if ever acted upon, might prove ruinous to these settlements. It has been customary to compare them to the early American colonies, and the natives of this country to the North American Indians. There appears to be no analogy between the irregular manner in which these islands were partially peopled by whalers and persons from all portions of the globe and the pilgrim fathers who founded the early settlements in America ; and 1 have been assured by many excellent and experienced officers, well acquainted with America and this country, that there is, in a military point of view, no analogy at all between the natives of tbe two countries ; the Maories, both in weapons and knowledge of the art of war, a skill in planning, and perseverance in carrying out, the operations of a lengthened campaign, being infinitely superior to tbe American Indians. In fact there can be no doubt that they are, for warfare in this country, even better equipped than our own troops. 14. These natives, from tbe positions which they occupy between all the settlements, can choose their own point of attack, and might even co mislead the most wary government as to their intended operations, as to render it extremely difficult to tell at what point they intended to strike a blow. Tbey can move their forces with rapidity and secrecy from one point of the country to another ; whilst, from the general absence of roads, the impassable nature of the country, and the utter want of supplies, it is impossible (except in the case of some of the settlements where good roads have been constructed) to move a European force more than a few miles into the interior from any settlement. 15. The natives, moreover, present no point at which they can be attacked, or against which operations cau be carried on. Finding now that we can readily destroy their pas or fortifications, they no longer construct them, but live in scattered villages, round which they have their cultivations, and these they can abandon without difficulty or serious loss, being readily received and fed by any friendly tribe to whom they may repair. They thus present no vulnerable point. Amongst them are large numbers of lawless spirits, who are too ready, for the sake of excitement and the hope of plunder, to follow any predatory chief. To assist in anything which might be regarded as a national' war, there can be little doubt that almost every village would pour forth its chiefs and its population. 16. With these characteristics of courage ani •warlike vagrancy, the Maories present, however, other remarkable traits of character. Nearly the whole nation bas now been converted to Christianity. They are fond of agriculture, take great pleasure in cattle and horses; like the sea, and form good sailors; have now many coasting vessels of their own manned with Maori crews ; are attached to Europeans, and admire their customs and manners ; are extremely ambitious of rising in civilization and becoming skilled in European arts ; they are apt at learning ; in many respects extremely conscientious and observant of their word ; are ambitious of honours, and are probably the most covetous race in the world. They are also agreeable in manners, and attachments of a lasting character readily and frequently spring up between them and the Europeans. Many of them have also now, from tbe value of their pro* perty, a large stake in the welfare of the country; one chief has,' besides valuable property of various kinda, ! upwards of five hundred pounds (£500) invested in Government securities ; several others have also sums of from two to four hundred pounds (£2OO to £400) invested in the same securities. 17« A consideration of these circumstances will, I think, lead to the conclusion that any attempt to form in those , portions of these islands which are densely peopled by the natives an ordinary European settlement, the inhabitants of which produced all tbey required and were wholly independent of the native race, must end iv failure. The natives in the vicinity of such a set-

. tlement, finding themselves excluded from all i community of prosperity with its inhabitants, . would soon form lawless bands of borderers, tfho, i if they did not speedily sweep away the settle- . ment, would yet, by their constant iucursions, &o i harass and impoverish its inhabitants that they r would certainly soon withdraw to the neighbouring Australian settlements, where they could lead , a life of peace and freedom from such incursions, j- Upon the other hand, however, it would appear that a race such as has been could be f easily incorporated into any British settlement, with mutual advantage to both races, the natives * supplying agricultural produce, poultry, pigs, and a constant supply of labour (although yet for the most part rude and unskilled) ; whilst, upon the [ other band, the Europeans would supply the various manufactured goods required by the natives, ' and provide for the manifold wants created by ' their increasing civilization. Such a class of settlements might easily grow into prosperous com- [ rnunities, into which the natives, with characters } softened by Christianity, civilization, and a taste for previously unknown luxuries, would readily be absorbed. [ This process of the incorporation of the native ! , population into the European settlements has, ac- | cordingly, for the last few- yeais, been taking plare "with a rapidity unexampled in history. [ Unless some sudden and unforeseen cause of interruption should occur, it will still proceed, and a very few years of continued peace and prosperity would suffice for the entire fusion of the two races into one nation. 18. These observations on the present relative positions of the European and native populations of these islands apply principally to the northern island of New Zealand ; the European population in the Middle Island already probably considerably outnumbering the natives who inhabit that island. 19. Tn considering the geographical and political positions, in relation to each other, of the several settlements occupying the Northern Island, it may be stated that the centre of that island is occupied by a mountain range, the highest point of which is probably about ten thousand (10,000) feet above the level of the sea, and is covered with perpetual snow, having as one of its peaks a volcano of boiling water. The snows which cover this range form perpetual springs from which rivers of cold and pure water are thrown off in all directions to the coast ; whilst the volcano in the same range constitutes a fountain of perpetual supply to two nearly continuous chains of boiling springs, which run from the mountain range to the north-east coast of the island. 20. The central mountain range throws off also spurs or ridges of very difficult mountainous country in various directions to the coast, the vallies between which ridges, generally mere gorges at the hills, become fertile and extensive plains near the coast, nnd form the channels of the Thames, the Waikato, the Mokau, the Wanganui, the Ranghikei, and other minor streams. These subsidiary mountaiu ridges or spurs thrown off from the main range are, for the most part, where roails have not been constructed across them, impassable even for horses; so that no overland communication, except for foot passengers, can be considered as yet existing between the several principal settlements. 21. In the plains in the Northern Island through which the above named rivers flow, and at points where the coast line indents these plains with roadsteads or harbours, are situated the principal European settlements, whilst the Maori population inhabit the central mountain range, or are distributed in small villages scattered along the fertile banks of the rivers from their sources to their junction with the sea, or occupy in small communities the coast line which intervenes between the several European settlements. Each European settlement has also now attracted to its vicinity, or contains mixed up with its white inhabitants, a considerable Maori p-pulatiori. In these cases both races already form one harmonious community connected together by commercial and agricultural pursuits ; they profess the same faith ; resort to the same courts of justice ; join in the same public sports ; stand mutually and indifferently to each other in the relation of landlord and tenant, and are insensibly forming one people. Each day also, as the European settlements spread along the coast, or towards the interior, a larger number of Maories are weaned from barbarism, and are adopted into a civilized community. The danger of any general outbreak on their part, therefore, daily decreases ; and there seems no reasou why populations which so readily assimilate may not be gradually and by prudent measures brought under one form of constitutional government, which might equally foster and promote the really common interests of both races, if those of the ruder race be first taught to resort for the settlement of their disputes to courts of judicature expressly adapted to their present state, and be by degrees trained to the exercise of. simple municipal duties. 22. The Middle Island may be said to be traversed by a mountain range, which, commencing at its north-eastern extremity, where it almost abuts on the coast, runs in nearly an east and west line across the country to the west coast, along which coast it continues uninterruptedly, but increasing in elevation till it reaches the south west corner of the island. To the westward this range falls abruptly into the sea, leaving, generally, but a narrow strip of fertile land between its base and the sea coast ; whilst, although it falls in the same abrupt manner on its eastern side, fertile plains of immense extent intervene on that side between the base of the mountain range and the sea. 23. Two considerable settlements are already established on these plains on the eastern coast, and a third very considerable settlement (Nelson) is established on the plains, in the northern part of the island, which intervene between the mountain range and the sea. The mountain range in the Middle Island is also throughout a great portion of its extent covered with perpetual snow, and gives rise to numerous rivers of considerable width, subject to sudden floods, and generally of very rapid course. 24. In the Middle, as in the Northern Island, no overland communication, except for foot passerigers, as yet exists between the different settlements." For in that island, where mountain ranges do not interpose as an almost insurmountable barrier between the settlements, the wide, rapid, and dangerous rivers offer at present a no less serious difficulty in the way of any continu-

ous intercourse between the vnrious towns. The inconsiderable native population in the Middle Island may be said .to be principally located in the vicinity of the several European settlements. J 25. In the two islands there exist six principal towns, five of which are situated on good j harbours, and each of tl.ese form emporiums for. considerable colonies in their neighbourhood. 26. These five' colonies were settled at different times, each upon a totally distinct plan of colonization, and by persons who proceeded direct to their respective colony, either from Great Britain or from the neighbouring Australian colonies, and who rarely passed any other New Zealand settlement previously to reaching the colony which they now inhabit ; and who, except in a few instances, rarely travel from their own colony to any neighbouring settlement. 27. Each of these chief towns carries on an independent trade with Great Britain and with the neighbouring Australian colonies, and bardly any interchange of commerce takes place betweeo them, since they at present all produce nearly the same commodities, and require the same kind of supplies, which, they naturally seek at the cheapest mart, whilst the cost of transport from a port in the Australian colonies but in a trifling degree, if at all, exceeds the corresponding charges from a port in New, Zealand. There is indeed alfftady a considerable and increasing coasting trade in New Zealand, which in some parts is chiefly carried on in vessels owned and manned by Maories ; but it consists rather of a trade between various small native and European settlements, and that one of the principal European towns from which they derive their supplies, and with which they are immediately connected, than of any trade between the principal colonies themselves. 28. I think it must be clear that between colonies so constituted little of what may be termed community of interest can be said to exist. There is no general capital or mart to which all merchants and persons having extensive business at all times resort. There is no one central town for all the islands in which the courts of law hold their sittings. Individuals who inhabit one colony rarely, have property or agents in another. Personal acquaintance or intercourse between the inhabitants of the various settlements can be scarcely said to exist. 29. An attempt therefore to form a General Legislature for such a group of colonies which should at present annually or even frequently assemble, and which should be so composed as fairly to represent the various interests of all parts of this country, must therefore, I think, fail, because there are as yet no persons in these islands who have the means or leisure to enable them to abandon their own affairs each year for the purpose of resorting to another colony there to discharge their senatorial duties. If even a payment was made to such persons to remunerate them for their expenses whilst travelling and absent from home, they still, could not afford to neglect their own affairs during so long an interval of time. 30. I think, therefore, it may be assumed, that a General Legislature which should be required frequently to assemble should form no part of any plan of institutions to be conferred upon such a group of colonies, although I shall show presently that for some purposes a General Legislature is even now necessary, and will hereafter be still more necessary, if these islands are to form, as is greatly to be desired, one large and prosperous country. 31. The same causes which appear to me to render it impossible at present to assemble frequently a General Legislature which should at all fairly represent the interests of all the settlements, seem also, in as far as I can judge, to be fatal to the adoption in these islands of the municipal system alone, without some other peculiar institutions being adopted in aid of that system which would be adapted to the unusual state of circumstances which prevail in this country. 32. Because such municipalities can only exist concurrently with a Legislature which frequently meets. For there is nothing connected with the offices of mayor or alderman of the corporation of a small colonial town which would induce the ablest and leading men of the country to strive to obtain such offices. Under a system of extended municipalities with enlarged powers such corporations would, however, compose in fact not only the legislative body, but also the executive government of large districts of country. It would therefore certainly be a great oversight, aud an unwise policy, thus by indirect means to exclude from the higher legislative and executive offices the fittest and ablest men that the country affords. The frequent sittings of a municipal body would also, in a country where every man is engaged in some active occupation, prevent all those who did not live in the town or its immediate neighbourhood from becoming members of such municipal bodies ; hence a large portion of the population and of the country would, under such a system, be virtually unrepresented, and their requirements unkuoWn. The careless manner in which municipal bodies enact their laws render them also little qualified for the offices of higher legislation for extensive districts of country ; and the frequency and permanency of their sittings would in a great degree remove them from that watchful control of public opinion which is always eagerly concentrated'on the proceedings of a legislative body which has only one annual sitting, extending over no very great 'length of time. Moreover, corporate bodies, exercising the usual and rather extended municipal powers, are already required for several towns in New Zealand. I think, therefore, that the municipal system should be here carefully preserved, and that it should be so preserved in its integrity for municipal purposes, and that its vitality and very form of being should not be destroyed,, by producing it in' a shape which, possessing no distinctive character, no clearly ascertained line of duties, would command little or no respect, would have no precedents to guide it, would, I am sure, in practice prove entirely 'unsatisfactory 'and almost useless, and would thus, after a short existence, during which great discontent would ! be generated in the country, and its] prosperity and progress would be much retarded, leave to Great Britain the task of again framing • constitution for this country, which task would then be found a far more difficult one than it would be at present. 33. Having thus discussed these preliminary questions, I now proceed to report upon the form of institutions which I think would meet all the

> difficulties presented by tbe anomalous circumstances of this couutry ; and in doing this 1 shall ; endeavour to trace them upwards from the municipal institutions of the lowest kind which exist , here to the General Legislature, because I beI lieve that the whole working of the proposed . form of future institutions will depend upou a proper balance of different interests being preserved ; indeed, the main feature of the plan now submitted foe your Loidsliip's consideration is, [ that it is an attempt to adjust the English constit ution and its balance of powers to the peculiar circumstances of this country. Municipal Institutions. 34. These I propose should be of three kinds, i two of which are already in existence, and appear likely to confer great benefit on these islands. First. — The division of the country into hundreds* represented by their wardens, the mode of election, powers, and duties of which officers, as also the nature and extent of the funds placed at their disposal, are set forth in the ' Ordinance named in ihe margin, and in the Royal Instructions dated the 12th of August, 1850. This system of small municipalities has already been for a long time in full and beneficial operation, and the system has received the Royal sanction. It may be said to be one which precedes tbe system of large municipal boroughs, first occupying with simple institutions a country thinly inhabited by Europeans and Maories engaged in agricultural pursuits, and which forms a fitting introduction to a higher class of municipal institutions. Secondly. — The division of the thinly inhabited portions of the country, at present almost exclusively occupied under lease from the Crown by persons employed in rearing and tending 6heep and cattle, into large districts to be called " pastoral districts," represented by pastoral wardens, the mode of election and duties of which officei s are detailed in the Ordinance noted in the margin. No municipality of this kind has yet been erected,' the law which enables me to do so having only recently passed, nor has it yet received the Royal sanction. But the declaration of my proposing to create municipalities of this kind has been received with general satisfaction, and great benefits are expected to flow from the adoption ol this system. Thirdly. — The constitution of municipalities, of the nature of those existing in Great Britain, but with more extended powers. These would generally embrace several hundreds of the first class, which would, however, still preserve their own privileges as hundreds, and elect their own wardens ; although for a higher and more exenderi class of municipal duties they would be adopted, as wards, into tbe larger corporation. The necessary powers for creating these bodies are already conferred upon the Governor-in-Ohief by the Charter and Fifth chapter of the Instructions of 1846. Full details relating to the coustitutiou, duties to be confided to, and powers of, these bodies, are set forth in the Auckland Charter, creating such a municipality, and my despatch to the Lieut. Governor which accompanied it, whjLch I transmitted to your Lordship in my despatch named in the margin. Several municipalities of this nature, in addition to the borough of Auckland, will require to be almost immediately constituted. 35. From the preceding statement of the nature of the municipal Institutions which I consider necessary for New Zealand, your Lordship wiil, I think, see that I rely greatly upon municipal institutions as a very important element in the constitution of this country ; and it will be found, by a reference to my despatches of the numbers and dates mentioned in the margin, that, from one third of the gross proceeds realized from the sale of lands in their respective districts being placed under the control of these municipal bodies, I, anticipated that a more popular and better administration of the waste lands ol the Crown would, result, than prevails in any other colony. 36. Finally, I would make two remarks on this subject. Firstly.— l believe the system of municipal institutions which I have detailed is very popular and will graduilly become more so, and that the inhabitants of New Zealand generally would very unwillingly see them swept away to give place to any other system, that has at least been yet proposed. Secondly. — That all the necessary powers for the creation .and regulation of such municipalities rest upon legislative enactments and instructions already in existence ; and that, consequently, nothing has either to be done, nor does anything require to be swept away, in order to secure municipal institutions for New Zealand^ In any constitution, therefore, which may be given to these Islands, all that is necessary is to preserve, exactly in its present form, the fifth j chapter of the Royal Instructions of 1846, " on i Municipal Corporations." Provincial Councils. ' T * I 37. Next ascending to tbe legislative 'body, which it is proposed should immediately succeed municipalities. , 38. I think that pawer^Bbould be given to, the Governor-in-Chief to'divide the New Zealand islands, when he thought it expedient to do so, into thefive.provinces named in the margin* ; and that power should also be given to tbe Governor-in-Chief, with the advice and consent of tbe General Legislature of the islands,' to. alter the boundaries of suchproviuces, and to create others if necessary. 39. One of the provinces I have named would probably immediately contain three boroughs or municipalities; and' they might all, from their nature, contain either several municipalities or none. If the returns of the' s n»tive population ■ are at all ! correct, the -proposed province of New Ulster wouldnow 1 contain, ' ' , ' Europeans . .10.000 "I neaT ty Bo . Goo souls . \ Natives . . . .70,000 J that of Wellington, .Europeans ..' 8,000.1 48,000, i0uls r exclusive 1 ! Natives „..40;000J of the irnilitary. -> The other provinces would at present contain comparatively^ small populations. ' But a rapid in- ; crease in the European population of the whole 1 . of New Zealand is taking place.- ' ■

♦Auckland' or New Ulster, Wellington,- ' Nelson, Canterbury, Otago.

40. To each province that might be created, I propose that a Legislative Council should bo given, to be called the Provincial Legislative Council. I propose that for the present those Councils should be constituted in the manner provided in the enclosed Ordinance, and that they should possess all the powers which that law confers upon them, although I think that certain alterations in their constitution and powers should shortly be made in the mode which I will-presently explain-. 41. I, perhaps, oughjt here to idd that, in conformity with the terms of the Charter and Royal Instructions, it is only provided' in the Provincial Councils Ordinance, as now transmitted to your Lordship, that those Councils shall not legislate upon the several subjects named ia the Charter and Instructions, and in a subsequent, despatch addressed to me by your Lordship. If this question was left entirely to my discretion I should, with a view of securing uniformity in the administration of justice throughout the entire islands, prohibit the Provincial Councils, in additionto the other subjects named in the enclosed Ordinance, from making any laws for the establishment of any courts of judicature, criminal or civil, or for the alteration of the constitution of, or course of practice in, any such courts. And farther, in order that the same punishment might attach to any indictable offences throughout the whole of New Zealand, instead of enacting, as directed by your Lordship, aud as has been done in the thirteenth section of the twenty-ninth clause that it shall not be competent for the Provincial Council to make any law inflicting the punishment of death or transportation for any crime or offence, I should wish to see it enacted that sucb Councils should not make any lay for altering or affecting the criminal law of the colony, so far as relates to any felony, treason, or misdemeanor prosecuted by indictment or information. 42. If such a Legislative Council as I suggest is given to each province, and the members of it receive the payment proposed for their attendance, then annual sessions might be held at the capital of the province without inconvenience, and each of these Councils would possess the most tfmple, in fact all requisite, powers of legislation-' for the regulation of all questions that could arise within a province ; and as the whole of the local revenues (except that portion which is required for general purposes, including the civil list,) is placed at the disposal of such Legislative bodies, there can be no doubt that the resources of the country would be fairly and equitably applied throughout its whole extent. 43. Legislative Councils of this nature appear to me to present great advantages in a country circumstanced as New Zealand is. I will name a few of these advantages : Firstly. — They secure, in the only manner which I believe to be practicable in New Zealand, real local self-government throughout every part of these islands. Secondly. — If any questions of an exciting kind should arise between the European and native populations, the majority of the provinces, f/oni the small number of natives ia them, would have no great personal interest in such questions. Their inhabitants and legislatures could therefore form a dispassionate and unprejudiced opinion on sucb questions. Hence the general Government, in pursuing such line of policy towards the natives as justice and humanity might demand, could be certain that it would not be compelled to yield to moment ary passions, prejudice, or self-interest ; because there would be a large number of peri sons, and several regularly constituted legisla- ! tive bodies* on whom it could rely for support. On the other hand, if the General Government, weakly yielding to public clamour aud prejudice, was about to give, effect to the momentary merely local popular will of any. province i by committing some act of injustice towards the natives, regularly constituted legislative bodies would be in existence to give expression to their opinion, and thus to check its action. Thirdly. — The constitution of such legislative bodies, which possessed such extensive powers of local -legislation, would, for at least several years to come, render the frequent assembling of the General Legislature entirely unnecessary. Fourthly. — The powers of legislation of such. Councils being merely of a local nature, and being restricted in reference to general matters, a great difficulty i* avoided ; inasmuch as Ordinances passedby them need not be referred home for the Royal assent, but might, as is provided in the enclosed Ordinance, be either allowed or disallowed by the Governor-iu-Chief. The question therefore which relates to the transmission of all colonial laws .for the allowance or disallowance of the Crown would be much narrowed ; indeed it could only arise in reference to laws passed by the General Legislature ; and as that body would so seldom meet,, I and the subjects especially reserved for its " legislation are so few, the probability is that [ it might never be thought of in as far as relates to New Zealand. Fifthly.— Such Provincial Legislative Councili would greatly increase the efficiency of the i municipalities, by forming the .proper bond of union between the several boroughs of any one province, which would then all be fitted' as. it were into one body politic, the action of the seveial parts and of the whole of, which would be in entire harmony. • 44. In my despatch, No. 123, of 24th of October, 1850; transmitting the draft of the Provincial Councils Bill, and in the other despatches named in the margin, I reported so fully upon the reasons which induced me to adopt the rate of franchise for electors named in the- enclosed Ordinance," the principles of no expiess qualification being required for 'members of tbe-Council, land- of paying the estimated' amount of their probable expenses, as also upon the reasons which led me to 'recommend' that these' Councils 'should 'only be elected 1 for two yeaTs,tbat I' do not think : it-necessary totrouble your' lordship with « further ■ explanation on these subjects. I therefore now prfss ; on to \be form of General Legislature which 'pwould'recommend'for these islands. • f (To be concluded in our Next.)