ORIGINAL CORRESPONDENCE.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 870, 3 December 1853, Page 3

ORIGINAL CORRESPONDENCE.

- To ffte Editor of the New Zealand Spectator. Wellington, December 3, 1853. Sir,— Beipg desirous of understanding Mr. Sewell's long lettteF to his Grace the Duke of Newpastle, I thought I could not do better in the first instance, than to read the Constitution Act, in order to ascertain how the General Assembly was constituted,' and - how convened; one of M*. Sewell's principal grounds of complaint, in such letter, against His Excellency Sir George- Grey'being, that- he 1 had' not'convened, such Assembly previous to the meetings of the Provincial Counts. I-did'this because I could not believe that his Excellency-w ould commit id grievous a ' mistake as that* charged against himtfy^Mr. Sewell ; and on turning to the Act I have satisfied myself that Mr. Sewell's charge against his Excellency, in this respect? is incorrect and unfounded, and that his Excellency wa.s not in a position to .convene the:Generat Aeae'mbly previous to the meetings pi the Provincial Councils. . „, ; -.; x , j I wSQId pot have troubled you on the sub-

ject,/])UtJ 3 dp, nq^fi^d that, it Jia^.been considered^y.you snathe ot|)er local,, paper ii^the| i same way as I doi".ah4 I w s ill /therefore state tp l i you, how Ijarrive at my, conclusion. t By the Constitution Act the General; Acsembly is to consist of— lst, the 'governor : ; 2nd, a Legislative Council ; tfnd 3rd,- a House of (Representatives;- ; t 1/ --" " The first and third we have ; but have.w.e^the second ? Upon this hinges .the question) could' ,the General Assembly have been, convened as' asserted' 'by Mr. Sewell. To answer this question I refer to the Act itself, andl there find, that " for, constituting the Legislative 'Council •of New Zealand ; it shall be, lawful (or, her Majesty before the TiMR to be appointed for J.he first meeting -of the General Assembly by an* instrument, under the Royal' Sign 'Manual/to authorise 'the Governor, in" her Majesty^s name, , i to summon to the said Legislative Council such persons,' being not less in nundbef than ten. as> her Majesty shall think fit". This seems plainlanguage'enough, and clearly shews that three, things must be done before* the —Legislative Council can be constituted. .' Ist— That Her Majesty's Sign Manual must be.gaven authorising the Governor; V - " : - 2nd.— Thatvthe Governor' must nominate or select such Council, and ( „ \ 3rcj; — That Her. Majesty must approve'such nomination or selection. Have all these been done? The two! first in all probability ; but the third,- Her Majesty's approval, certainly could nbt have been obtained previous to the meetings of the Provincial Councils : for the" Constitution 'Act 'was" only proclaimed on the 17th January, last, and sufficient time has riot yet elapsed for His Excellency to obtain Her ' Majesty's approval of %b nomination or selection of the- persons to constitute the Legislative Council.' This seems so p'airi that I cannot understand how. Mr. Sewell, who is said to be .a great constitutional lawyer, could have arrived at the ponclusion stated by him, that his Excellency should ■ have called the General Assembly together before the meetings of the Provincial Council? : for had Mr. Sewell read the Act with ordinary attention, and exercised common sense he would have discovered that the General Assembly could not be constituted, for that this Excellency could not possibly nave received: the requisite approval by Her Majesty of his nominations, without which the Legislative Council cannot be constituted, and without such Council there cab be no General Assembly. I will not trouble you further on this point, as it seems conclusive. I remain, Sir, ' • Your obedient Servant, P.