Copy of a Despatch from GOVERNOR SIR GEORGE Grey, K.C.B., to EARL GREY. (Concluded from our last.)

New Zealand Spectator and Cook's Strait Guardian, Volume VIII, Issue 744, 18 September 1852, Page 3

Copy of a Despatch from GOVERNOR SIR GEORGE Grey, X.C.8., to EARL GREY. (Concluded from our last.)

General Legtslaiure. 45. A consideration of the enclosed Ordinance, and of the subjects of general interest on which it prohibits the Piovincial Councils from legislating, reserving these for the General Legislature, will, I think, so clearly point out the necessity which exists for the- creation *of a General legislature, that I do not think it-ne-cessary to advance any arguments in favour of the creation of such a body ; but assuming it to be admitted that a General Legislature should be constituted for New Zealand, T shall proceed to point out how I think that body should be composed. 46. I think it should consist of — A Governor-in- Chief, appointed in the usual manner by the Crown : of — A Legislative Council, elected in the manner recently suggested to me by your Lordship, that is, by the Provincial Councils, such a number of votes being ollowed to each meirber of these Councils as to enable a minority to be at least to some extent represented : and, thirdly, of — A Representative Assembly, to be elected by voters, with exactly the same qualification as is required to be possessed by those who vote for the return of members to the Provincial Council. I think, as it is proposed that the General Legislature should be so rarely assembled, it would be requisite that the members, both of the Legislative Council and of the House of Representatives, should be elected for 9. period of five years. 47. I have only within the last few days had an opportunity of perusing for the first time the Report of the Committee of the Board of Trade and Plantations on the proposed establishment of a Representative Legislature for the Cape of Good Hope, which your- Lordship so kindly sent out to me ; and I beg to, state, that I think the recommendations made in the twenty-sixth and' twenty-seventh paragraphs of that Report regarding the powers to be given both to the Governor and Legislative Council to amend bills which may be sent up to them should be conferred upon the Goveroor-in-Chief and the Legislative Council of New Zealand, if the form of constitution 1 propose is introduced into this colony. 48. I have thus traced the general outline of the form of re-presentat've institutions which experience and reflection have led me to deem best suited to the circumstances of New Zealand. There yet, however, remains for me the duty of suggesting the form of Executive Government by which these institutions should be worked, and without a distinct exposition of which the proposed plan could only be Very imperfectly understood. In explaining my views on this subject il will be necessary for me to follow an order the reverse of that which I have adopted in explaining the constitution I propose for New Zeaiand •, that is, whilst I traced the institutions themselves up from the lowest order ol municipality to ihe General Legislature, it will be necessary ior me, in order to make myself clearly understood, to trace ihe Executive Government from the Governor-in- Chief downwards. General Executive Government. • 49. I propose that the General Executiyj Goverameoi. should o'n&i&t of a Governcr-in-

'Chief nominated by tbe Crown, a Civil Secretary, and either two or three other principal officers, forthe present nominated by tbe Crown, and holding permanent appointments. I aui unable, until the system has been tested, to state the precise number of officers that may be necessary to conduct the business of the central Government, nor do I think it requisite to attempt to state how the personal staff of the Governor-in-Chief should be composed, or what establishment of clerks may be necessary for the principal officers. The number of such persons -need at present only be very limited, and I presume that the cost of the central Government would for the present be paid from tbe civil list. 50. The duties of the Governor-in-Chief would consist in corresponding with, and receiving all uecessaiy instructions for his guidance in the government of these islands from her Majesty, through one ot her Majesty's principal Sec- I Tetaries of State. He would also correspond i through the Civil or Chief Secretary with the officers administering the Government of the several Provinres ; and, within the limits fixed by the laws existing at the time, would preset ibe to what extent it should be the duty of such officer^, to await bis instructions before carrying into effect tie powers by law vested in them. 51. It would be immaterial in what province be might temporarily reside, as, under "the Provincial Councils Ordinance, his duties would in no way interfere with those of the officer administering the government of the province. 52. I think also that the Governor-in-Chief should be the sole Commander-in-Chief in the New Zealand Islands, and should alone have the power of issuing to the officer in command of the forces within these islands and their dependencies orders for the march and distribution of troops, the formation and march of detachments and escorts, and generally for sucb military service as the safety and welfare of the colony may require. 53. I think, farther, that the Governor-in-Cbief shoulii alone be intrusted with the power of issuing orders regarding the temporary occupation of Crown lands for depasturing purposes; that he should have the appointment of all officers having tbe control or administration of the Crown lands, except such officers as might be appointed /or these" purposes by wardens or municipalities in accordance with the powers by law vested in them ; and I think also that tbe distribution of the Crown land revenue in the manner prescribed by law, either for emigration purposes or for the purpose of public works to be executed under the authority of the Provincial Legislatures, should be made under the direction of the Governor-in-Cbief. 54. In like manner 1 think that the expenditure of the civil list, and of such sums as may be reserved for purposes connected with the welfare of the native population should be made under the direction of the Governor-in-Chief, subject to such instructions as he may receive from time to lime from the Secretary of State. He should also be allowed to exercise tbe power he at present possesses of appointing resident magistrates and native assessors for the purpose of carrying out English laws in any district which from its large native population might, in • his opinion, require tbe presence of suctrolficers 55. The Governor-in-Cbief should in my opinion alone have the power of to Europeans grants for lands which may be claimed in virtue of alleged contracts between themselves and persons of tbe native race, the nature of the claim to -which would wholly differ from one which rested on a purchase made from the Crown of part of its demesne lands. I think, farther, tbat the Governor-in-Chief should have the power of making, at bis discretion, grants of land to persons of the native race, and of assuring to themselves and their heirs the uninterrupted possession of certain properties ; and that he should also alone bave the power of making grants of tbe demesne lauds of the Crown for public purposes. 56. Lastly, on this head, I think tbe Gover-nor-in-Cbief should, for tbe present, have all the powers regarding the confirmation or disallowance of Provincial Ordinances which are conferred upon him by the enclosed Ordinance ; and should, in conjunction with the General Assembly of the islands, bave the power of making and ordaining all such Laws and Ordinances as may be required for the peace, order, and good government of the New Zealand islands, which laws should be transmitted with the least possible delay for her Majesty's allowance or disallowance. 57. I also propose that the Governor-in-Chief should have the power of dividing the colony into judicial districts for the purposes of tbe administration of justice, of altering the limits of such districts, and of prescribing tbe places at which circuit courts should be held ; and, farther, that be should exercise all such powers as have been or may be conferred upon him by Ordinances made by the General Legislature of New Zealand. 58. The Governor-in-Chief, conjointly with tbe General Legislature, would have the power of fixing by law tbe number and salaries of tbe officers employed in the collection of those portions of the revenue which were collected under laws enacted by their authority ; and would in like manner fix tbe number and salaries of the officers who were to be employed in tbe surrey and administration of tbe Crown Lands, 59. Under the existing laws of New Zealand the Govemor-in-Cbief already possesses tbt whole of the powers which I have recommended should still be exercised by him. In many points,such as the appropriation of the land revenue, and of the sums reserved for native purposes, the issuing of orders for regulating the depasturing of sheep and cattle on waste lands of tbe Crown, tbe rate of remuneration to be given to the officers of the General Government, &c, &c, the limits within which he should exercise the powers intrusted to him, would bave by degrees to be adjusted by laws "enacted by the Governor-in-Chief and General Assembly of these islands. But I do not apprehend that any serious difficulty will be experienced in adjusting these'details. 60. I think also that in reserving these powers to the Governor-in- Chief, Great Britain would retain the means of promoting in every desirable way tbe interests and welfare of all her Majesty's subjects in these islands, to whatever race they heloag. Ido not think thaf, in justice to the n&-

tive race who yielded the sovereignty of these islands to her Majesty, any of these powers ought for the present to be abandoned by the Crown. Nor do I think 1 that the very great majority of | her Majesty's subjects inhabiting New Zealand would desire for the present to see Great B.itain relinquish these powers. But I think a wise forelight requires that the Crown, in retaining all necessary powers, should retain none that are not esseniially necessary. I'rom this proceeding would probably spring a great end lasting contentment amongst her Majesty's subjects in these islands, who, having a very large measure of freedom bestowed upon them, and being deprived of no privilege which was necessary for the free exercise of a system of local self government, would probably, for a long series of years, cheerfully see vested in the hands of the Crown the powers which it alone could exercise for the gooJ of all, and the possession of which by the Crown in no way' interfered with the freedom or happiness of any class or community of its subjects. Having made these introductory remarks, I shall now proceed to the consideration of the form of Executive Government which should, I think, be given to each of the Provinces into which it is proposed New Zealand should be divided. Provincial Executive Governments. 61. The terms of the New Zealand Charter of 1846 compelled me, in. the Provincial Councils Ordinance, to spply the term " Lieutenant-Ga-vernor"to the officer administering the government of each province. Had a discretion been left to myself, I should have designated such an officer by the term "Superintendent ;" and I would still recommend the adoption of this designation for the officer administering the government of a province. 62. I should now remark tha*, according to the original constitution of New Zealand, the Crown nominated one Governor, and the officers composing one general government for the whole of these islands. I propose that it should still exercise the same powers in the nomination of a Governor- in-Chief, and that for the present it should continue to nominate the officers of the General Government. But here, in addition to the observations I have already made upon the evils that may result from the Crown retaining unnecessary powers, I should observe that if the Crown nominates in these islands the Lieutenant Governor or Superintendent of each Province, aud all the officers composing the Executive Government of the respective Provinces, together with their establishments, and makes, as would in that case be necessary, their salaries a charge upon the civil list, it will create, throughout the entire New Zealand islands a multitude of officers who, in the event of their offices being abolished, when a freer system of institutions was introduced, would have a claim for compensation, and thus such serious difficulties would be interposed in the way of the introduction of any freer form of institutions into the islands of New Zealand, that I almost doubt if it would be possible subsequently to introduce them without subjecting the country to a crisis which must materially affect its prosperity. 63. I would, therefore, earnestly recommend her Majesty's government, subject to the restrictions which I will hereafter mention, to allow the electors of eveiy Province to elect the Superintendent or officer administering the Government of that Province, to hold ofS.ce for the same period of time as the members of the Provincial Councils are elected to serve ; and then to leave it to the Superintendent and the Provincial Council of each Province to regulate, by laws subject to the approval or disallowance of the Governorin- Chief, the extent of the Executive Government which is to be constituted for such Province, the rate of remuneration which is to be paid to the officers composing the Executive Government, and the nature of the tenure upon which themselves and the subordinate officers in their respective establishments are to hold office. In fact, in these respects I should wish to see each Province treated as a large municipality which bad the power of electing its own mayor and corporate officers. 64. The restrictions to which I think this rule j should be subjected apply only to the period of its introduction into the several Provinces. At Auckland, Wellington, and Nelson, which would be the capitals of three separate Provinces, Governments have been already constituted. In two of these Provinces' a large native population already exists, and no new experiment in them should therefore be rashly hazarded, or immaturely introduced. Great Britain also maintains in them a considerable military force for the protection of their inhabitants, and thus should for the present exercise a great influence in them. I would therefore recommend that the rule regarding the election by the inhabitants of the officer administering the Government, and of making l&ws for the nomination of the officers composing their own Executive Governments, should only take effect in the three Provinces I have named from the period at which the six years of .service of the two Lieutenant Governors and of the Superintendent who have been appointed to administer their Governments respectively shall "have terminated. This rule would present the i farther advantage of a just dealing with the claims of the Lieutenant-Governors and the Superintendent. 65. I think also that a farther restriction should be imposed in reference to this rule, and that is, '. that no officer who has received a permanent ap- J pointment from the Crown in any of the Provinces in New Zealand should be removed from bis office by any Provincial Council until bis claim shall bave been considered, and until, if it is found a valid one, a law shall bave been passed by the Provincial Council, and shall have received the assent of the Governor-in-Chief, securing to such officer such compensation for the loss of his situation as the nature of his office, the amount of salary he received, and bis length of service may be considered as fairly entitling him to. 66. With regard to the nature of the powers which should be conferred upon the Superintendent or other officer administering the Government of a Province, it is only necessary for me to state that I propose that he should be invested with all the legislative powers which are conferred upon him by the enclosed Provincial Councils Ordinance, and that, in addition thereto, he should exercise the powers usually intrusted to colonial Governors of remitting fines, fees, and penalties, (the power of pardoning in criminal offences should still, I think, vest solely in the Governor-in-Chief in order that the whole quesI tion of the administration of justice should be

left with the central Authority,) and of making Crown grants of land to perions who may have legally purchased the same as part of the demesne lands .of the Crown. He should also be empowered, with the advice of liia Executive Council, and in conformity with the regulations required by law to proclaim Grown lands a* open for put chase, and to fix the upset price of such lands, uot being less than the minimum price fixed by law. 67. But although I should wish to see these powers conferred upon the officer administering the government of a province, I think that the Governor-in-Cbief, as the officer nominated by the Crown, should still possess tbe Tight of exercising these powers throughout the whole extent of the islands of New Zealand ; and perhaps, at present some convenience would result from empowering him, by a legal instrument, to delegate these powers to such persons as might' be duly elected Superintendent of a province, for the time during which he might be elected to serve, and no longer. 68. From what I have above stated, it will be seen that I am of opinion that the power of electing the officer to administer their government, and of making laws fur regulating tbe appointment of ibeir own executive officers, should be immediately conferred upon the provinces of Canterbury and Otago ; and in fact .that £hey should, in like manner, be conferred upon.the provinces of Welliugton and Nelson almost as soon as Her Majesty's assent could be received to the, enclosed Ordinance, and upon the province of New Ulster at a rather later period ; and as, after thi3 rule was introduced into any province, no advantage could result to the Crown from an officer elected by tbe people nominating one third of the members of the Council, (although for the purposes of the introduction of this measure into those provinces having a large native population, I believe this provision to be a most necessary one,) I would farther propose that the Governor-in-Chief and the existing General Legislative Council should be authorized to pass, before the new constitution was proclaimed, if they thought proper to do so, a law enacting that the Provincial Councils should consist wholly of elected members from and after the time at which tbe inhabitants of any province should be authorized by law to elect their own Superintendent. 69. I have but one other observation to make upon this subject. In my previous despatches I have generally supposed that the Provincial Councils would eventually merge into a kind of municipal councils. But- the rapid growth of these settlements in wealth and prosperity, and the turn events are taking, now lead me to think that they will always remain distinct and separate provinces, and that provision should be made for enabling their present form of government, consisting of one chamber, to be changed by tbe General Legislature into a form of government composed of a Legislative Council and House of Representatives, ' whenever the number of inhabitants in any province and its wants might render such a change in its form of government practicable and desirable. Civil List. . 70. The civil list at present appropriated for tbe services of New Zealand is twelve thousand pounds (£12,000); six thousand (€6,000) from tbe northern province, and six thousand from what would be the four southern provinces ; and as the revenues of each of these two great divisions of New Zealand are at present nearly equal, or about thirty thousand pounds (£30,000) each, such a division is, I think, at present, fair, and the total amount is amply sufficient to defray the salaries of the officers composing the General government, | and of the judges of the Supreme Court, to which purposes alone I think it should be devoted. Indeed I think at present that the sum of ten thousand pounds (£10,000) as stated in the margin, might suffice for these purposes ; and if, in a few years, it should be found insufficient for them, then from the great liberality which has always been evinced by tbe General Legislature of these islands in providing funds for carrying on the Government, I feel quite satisfied that they would readily make good any deficiency. It will be observed that in proposing to throw this charge upon the civH list, it is assumed that the Parliamentary grant will be altogether relieved from the charges it at present defrays on account of the Governor-in-Chief and General Government establishment, Funds to be reserved for Native purposes. 71. But I should point out to your Lordship that under the form of government I now propose, the country is to be divided into electoral districts, which will only include those portions of it which are occupied by a large European population ; the . great mass of the native population, who contribute largely and increasingly to the revenue, which is at present almost entirely raised from dutiei of customs, would be thus wholly unrepresented. I beg, therefore, most earnestly to recommend that from the revenues of the northern province there sbonld be reserved a further yearly sum of four thousand pounds (£4,000), from the revenues of the -Wellington province a sum of two thousand pounds (£2,000), and from; the revenues of the three southern provinces a sum of one thousand pounds (£1,000), making in the whole an annual amount of seven thousand pounds (£7,000), which the Governor-in-Chief should be authoiized to apply, together with any-surplus that may accrue from the civil list, to any of the following purposes :—: — The construction and maintenance of hospitals, to which Maories are admitted on equal terms with other subjects of Her Majesty : The establishment and maintenance of schools, to which Maori children are admitted on the same terms as other scholars : For the payment of resident magistrates, and of native magistrates, and for the maintenance of a native police : For making presents to native chiefs in acknowledgment of services rendered by them : And, generally, to such other purposes as may tend to promote tbe prosperity and happiness of the native race,- and their advancement in Christianity and civilization. 72. I perhaps ought to explain" that the resident magistrates I allude to are- judicial officers, appointed under a local law, termed the " Resident Magistrates Ordioance," and who are intrusted with considerable and peculiar powers for the adjustment of criminal and civil cases in which ; Europeans, or Europeans and Maories, or Maories

alone, are concerned. The law to which lam adverting was devised anJ framed with great care to meet the peculiar circumstances of a European race mingling with a population just emerging from barbarism. It is bigbly esteemed by the natives^ who now resort freely to the courts of the resident magistrates ; and if any circumstance should occur which closed these courts, I fear that great discontent and renewed disturbances would take p)ace amongst the native population. 73. I have recommended that for the present the Governor-in-Chief should be authorized to apply, at his discretion, the turns reserved for native purposes ; but I think that a provision should be made that he should only exercise this power for a limited lime, and that after that date such sums should be appropriated under the authority of Ordinances to be passed by the Go-vernor-in-Chief and General Assembly, who I think would freely and cheerfully contribute such amounts as were required for the wants of the native population ; whilst, as I have continued, as I have reported in several despatches, to make considerable endowments for hospitals and native schools, the incomes yielded from, which are rapidly increasing, the necessity cf providing for the support of such establishments from the general revenue will constantly diminish. 74. In; further explanation of the necessity which exists fqr providing am pie funds for native purposes, I bdg to refer your Lordship to paragraphs from No. 11 to 3<J inclusive, of my despatch No. 93, of the 9th July, 1849, which is published at page 190 of the Parliamentary Papers relative to the Affairs of New Zealand, which were presented to Parliament in 1850; and I would farther request, that that portion of the despatch I allude to might, together with this despatch, be laid before any persons required to report on the plan now transmitted for your Lordship's approval, because I believe that the present peace and prosperity of the colony, and the continued rapid advancement of the natives in civilization, are in a great degree to be attributed to a rigid and consistent adherence to the line of policy laid down in that despatch. It will also be found, that the powers 1 propose should be reserved to the Go-vernor-in-Chief are such, as, if he has the requisite funds for native purposes placed athis disposal, will still enable bim virtually to govern that portion of the native population who live beyond the limits of European settlements! whilst all requisite local Ordinances have been passed by the General Legislature for the purpose of investing him with the requisite legal powers for" carrying out the contemplated system. In naming the sum that will be required for native purposes, I have supposed that, as under Lord John Russell's original instructions, the Governor-in-Chief would still, if a necessity for his doing so should arise, be authorised to apply 15 per cent, of the land fund to such purposes ; and that the General Government alone would have the power of treating with the natives for the purchase of their lands. Ido not consider it necessary to repeal here any arguments in support of what appears an evident truth, — that the question of the control and management of the large native population living beyond the limits of European settlement, who by being either left immersed in barbarism., or being roused to war, might entail great expense and loss of life and property, both upon Great Britain and every part of these islands, is a general question which possesses at present an interest for the whole empire, and for the whole colony, rather than for any particular province. 75. Having now fully reported upon the form of constitution which I think should be given to these islands, and upon the natute of the Executive Governments which would best conduce to the effective working of such institutions, I have, in reference to these parts of the subject, only to report, tbat in order to admit of the immediate introduction of the institutions I have recommended, or of any other form of government which her Majesty's Government may be pleased to adopt, I shall only make any appointments under the Provincial Councils Ordinance, which I may find it neeestarjMo make before I can receive your Lordship's reply to this despatch, subject to the condition tbat they are mere temporary appointments, the tenure of which is likely almost immediately to terminate, 76. I have further to report that, in as far as | depends upon me, all general laws necessary for the immediateintroduction of such institutions havebeen already enacted by the General Legislature ; tbat , the revenues of the country are in a most satis* ; factory state and that such economy has been exercised that each Provincial Legislature would enter upon its functions, not only free from debt, but with some surplus revenue at its disposal. The enclosed circular despatch, which I have had addressed to the principal officers of the Government at the respective settlements, will show tbat I have made the necessary financial arrangements to bring the proposed system of representative institutions into immediate operation. The whole of these islands are now in a state of complete tranquillity ; every settlement is in a prosperous condition; the native race are loyal, contented,, and daily incjg^ijDg|jjn wealth* *and the Local Government now lt possesses very considerable influence over them. I also believe the proposed form of institutions could gradually be introduced | in snch a manner that not the slightest shock or change in the condition of the colony would be i experienced. Probably, therefore, no more suitable moment could be chosen for giving a fitting constitution to this country ; and I think that if the Queen is advised to avail herself of this oppoitunity, her Majesty will have the happiness of conferring cpon her subjects in this country a boon which will be regarded by them with lasting gratitude. 77. In submitting the foregoing plan for your Lordship's consideration, I should state that I have no doubt, if it should be tried by the test of experience, it will from time to time be found capable of receiving considerable improvements ; but 1 think it presents the advantage of being admirably adapted to the present state of New Zealand, and of at the same time containing those elements which will enable it, without any siidden or startling -change being made, to be immediately brought into operation; and then afterwards to be adapted to the changing circumstances of a yonng and rapidly increasing country. 78. Should Her Majesty's Government determine to introduce the proposed form of institutions into New Zealand, then I beg respectfully to state, that I think the best mode of effecting this would be, after obtaining such further sanction as

might be^required from Parliament, to adopt th«-same-course as was pursued in? 1846, of con-* ferring the proposed constitution on New Zealand in the form of a Charter, and Royal Instructions, divided into chapters ; as the clear division of subjects into chapters, and the plain and simple language unembarrassed by technicalities, which could be bo conveniently and appropriately used in royal instructions drawn on the model of those of 1846, would bring the whole subject entirely within the comprehension of the numerous individuals upon whom 'the beneficial working of such a constitution would depend. I have, &c, (Signed) G. GREY. The Right Hon. Earl Grey, Sec, &c, Lc.

Extract of a Despatch from Governor Sir George Grbt, X.C.8., to Earl Gkbt. / Government House, Wellington, August 30th, 1851. - In reference to ray despatch, No. 121, of this day's date, transmitting, for the Queen's approval, f a copy of the " Provincial Councils Ordinance," I beg to state that, as perhaps the opinion of Her Majesty's Government' on' that measure may in some degree he influenced by the manner in which it was received by the General Legislative Council which passed H^and 'which r <nras the, largest that ever assembled in v Ne* -Zealand^ consisting of fourteen members, for the greater part remarkable for intelligence and "ability, I, ought to inform your Lordship that, with the single exception of Lieutenant-Governor Eyre, it was well received by, I think, erery member 'of * the Council ; those who in the first instance were opposed in some respects to it retracting their opposition when they more fully understood its. provisions, even in some instances since informing me that they were satisfied that the difficult, question of giving" fitting institutions to New Zealand had be»n fully solved by it. .. The speech of Lieuti-Governor Eyre on the second reading of the Bill having been extensively made use of by .the few persons here who desire to embarrass my administration I think it right to enclose it to your Lordship, that her Majesty's Government may have before them what is said upon that side of the questiou. * * * He objects to it, that 1 ought to have introduced it in 1848, and that I ought not to have introduced it in 185,1 ; both which objections, although they might naturally excite discontent, had clearly nothing whatever to do with the merits or demerits of the Bill. * * ♦ • The next principal objection of LieutenantGovernor Eyre to the Provincial Councils Ordinance is, that it ought to have been brought forward in 1848. I have so often and so fully explained the reasons why I thought that representative institutions should not at that period, or at any time, be without great caution introduced into New Zealand, that I shall not trouble your Lordship with farther remarks on that subject ; but 1 could not have brought forward the Provincial Councils Ordinance in 1848, because I had not at that time in ,any manner arranged the details of such a plan. I only framed it after lengthened thought, with great trouble, andj without having received'bne suggestion regarding it, or any similar measure, or the slightest assistance, from Lieut.-Governor Eyre. Before he 1 made this objection, he ought to have shown that the outline of such a system of institutions was in existence in 1848, or that he bad suggested such an outline to me. I enclose to your Lordship a despatch addressed to me .by Lieut.-Governor Eyre, No. 102, of the 6th of August, 1849, which contains the only suggestion be ever made to me regarding the constitution or working of the system of Provincial Councils, previously to the publication of the draft of the above-named Ordinance. I also enclose my reply (No. 60, 23rd of September 1849,) to that despatch. This correspondence will, I think, show that Lieut.-Governor Eyre's proceedings, even at that time, were not calculated to' aid in framing and working out a great system of polity adapted to these islands ; and that whether he himself sat as president of a Proviucial Council, or as senior member of a General Legislature, he equally contrived to disagree with his superior officer, or with the officers serving immediately under him. Lieut.-Governor Eyre's next objection is, tha* I ought not to have submitted the Provincial Councils Ordinance to the General Legislature at the time 1 did. Four days after LieutenantGovernor Eyre made that objection, I received your Lordship's instructions to punue thecourse I had adopted. I had thus, at this end of the world, without any communication on tbe subject with your Lordship, arrived at exactly , tbe tame „ conclusion regarding tbe course which- my doty required me to adopt that your Lordship had arrived at at the other end of the world, with much more information on tbe subject than I possessed; and I, by anticipation, had adopted and was,pursuing in New Zealand- the. precise- rermrsta instructions which your Lordship at the very time was writing to me in London. . I do not think it necessary to give any other reply than this to Lieut. -Governor Eyre's third objection. Lastly, Lieut. Govenor Eyre stated that he even thinks the feeling, against tbe Provincial Councils Ordinance will be so strong, that it may even be de'eated if it is passed into law. This . statement from Lieut. Governor Eyre, and the whole tendency of bis speech, coining from an officer in so bigb a position, has produced, and I have no doubt will still produce, great discontent and opposition ; and I unfortunately cannot, until your^ Lordship's approval of them has been received, publicly state the whole scope and tendency of my measures. But, in opposition to this statement of Lieut. Governor 1 Eyre. I can only reply that I believe that if your Loidship will permit my recommendations to be carried out, the vast majority of the population of these islands will feel most grateful to your Lordship. * * * * * * P.S. — I have transmitted to your Lordship a printed copy of Lieut. Governor Eyre's speech, as it is known to have been furnished by himself to what is here regarded as the opposition newspaper. <