CONSTITUTIONAL CHANGES.

New Zealand Times, Volume XXIX, Issue 4243, 26 October 1874, Page 5

CONSTITUTIONAL CHANGES.

PETITION FROM SIR GEORGE GRET TO IU3 EXCI.LI.E.S’CT THE GOVERNOR. The Netn Zealand Herald of October 21 publishes a petition to the Governor by Sir George Grey, forwarded to that journal by HU Honor tho Superintendent, against the proposed con•titutioual changes. Sir George Grey asks that the Superintendent will take steps to get the petition signed. Tho petition sets forth “That Hor Majesty appoints the Governor of the colony of Hew Zealand to exercise the powers belonging to the Queen by prerogative, as well as powers conferred on the Governor of the country by or in pursuance of the New Zealand Representative Constitution Act. That any acts performed by the Governor in excess or violation of such above-stated powers are unconstitutional, and in violation of Acts of Parliament, and of the rights and liberties of the people of the colony, and would in your petitioner’s belief be hurtful to tho interests present and prospective of Her Majesty’s dominions. That the New Zealand Representative Constitution Act establishes in New Zealand a Constitution of four estates —the Crown or Governor, the Legislative Council, House of Representatives, and Provincial Governments. These are all creations of the tame Act of Parliament, and have no powers bat such as they derive from that Act. Their powers are all carefully balanced, and they form one whole, which is the representative government of the country. That the Governor is bound by his duty to protect each of the e estates in the exercise and enjoyment of their respective powers and privileges, that he is for some acts responsible to ‘he General Assembly and for ~ome acts responsible to the Provincial Governments, and that no advice given him by one or more of these estates will justify him in attempting directly or indirectly to deprive any other estate or estates of the existence or powers or privileges which the Representative Constitution Act assures to them. Tho fear is that, for obvious reasons, it would always ba that Legislature which least truly represented the people, would strive to destroy those bodies which were most truly representative and independent. That at the various elections for the General Assembly the people of the colony for many years passed have returned members to the House of Representatives to exercise the powers conferred upon such representatives by the New Zealand Representative Constitution Act and no other powers, nor could the electors confer any other powers upon them, and any other powers which such representatives may exercise or claim to exercise, or may have exercised, and all acts at any time done or now about to be done in pursuance of such presumed powers are, and always have been, absolutely null and void, and of no effect whatever. That by the said New Zealand Representative Constitution Act most valuable privileges, rights, and liberties were assured to the subjects of Her Majesty . residing in these islands by the establishment I(Jjsi*’provinceß therein and of the provincial r/stem, under which they are allowed to elect their own superintendents or governors for a term of four years, for large districts of territory in some instances exceeding in extent what are regarded as important British colonies. That any parent in these islands may thus hope to see his child, if a deserving man, raised by his fellow-colonists to that high and useful office, and a worthy object of ambition is also opened out to all, which fact cannot fail in process of time to exercise a most important influence upon the character of the people of New Zealand, from whom as being inhabitants of a mere dependency of a great nation many of the most worthy and ennobling objects of ambition are cut off. The petition proceeds to set forth the advantages of provincialism in making local laws, securing efficient expenditure of money, training the population to political discussions, and making all educated men to some extent statesmen. That the provincial or federal system has been very successful, that vast difficulties have been overcome, and contentment prevails. The petitioner hoped to see this provincial system help to solve many difficulties of the future, so that happily hereafter the whole English speaking race might be welded together in some such federation, ensuring to mankind peace and prosperity that no previous age had witnessed. That the petitioner sees every person in Russia is convinced that the country is marching on to the great future which they have before them. The same feeling prevails in the United States of America, and the German and Italian speaking races are federating into separate great empires, with a view to future progress. The dependencies of the British Crown alone appear to be utterly neglected, and to be forming by degrees into isolated communities, often with questions unnecessarily created between them which are likely to give rise to future disputes. lu some instances, they are absolutely abandoned. For them no future is opened out, and the petitioner would dread to see the federal system abolished, which he trusted offered the prospect of a solution for these difficulties. Indeed, so successful had the federal system proved in this colony, that it was adopted in Canada, and that it was ordered by Her Majesty’s late Government, if possible, to be introduced into South Africa, although they had up to this time been opposed to that measure, and that the Governor of Cape Colony recently stated that if that Government had been allowed to reunite " ,the whole of South Africa, when it might «■*’" have been accomplished, he would . have had very little apprehension for the future ; hut, as it is, he is afraid federation is still far in the distance. That the before - mentioned privileges and other rights confirmed to the inhabitants of New Zealand for watching and controlling the public expenditure, and for guarding against the unjust or partial alienation of public lands, by the scrutiny of a local and freelyelected legislative body, are of greater value to them, because in the General Assembly of the colony, which is composed of three estates the Governor, Legislative Council, and House of Representatives which form of legislature was imposed upon this country by or under Act of Parliament, in which its inhabitants were not represented, and the Crown reserved to itself the right of nominating two out of the three estates of such Legislature, viz., the Governor and the Legislative Council, the members of which body are nominated by the Crown for life. That the petitioner and his fellow colonists are thus only represented in one branch of the said Legislature, and are subjects to a Constitution repugnant to that of Great Britain. That tho British Parliament ought to continue to protect weaker and truly representative bodies which it had called into existence. That the British Parliament had placed it beyond the power of the Assembly to destroy the provinces for good reasons. That relying on this, the petitioner and other colonists had quietly occupied themselves at other pursuits. That tho Assembly had recently taken steps which would result in the total abolition of, the provinces. That tho petitioner also was now credibly informed that the Premier of the colony had recently gone to England, and that one of the objects of such proceeding on his part is to endeavor to obtain an alteration by tho British Parliament of the New Zealand Constitution Act in order that powers may be conferred upon the General Assembly of New Zealand enabling it to abolish either in whole or part the existing provinces and Provincial Governments in New Zealand. That the Imperial Government, which has so many weighty dutiei to discharge, ought not to be drawn unnecessarily into interfering in a local question of this kind with an important colony, and that every good subject will strive to keep Her Majesty and Her Majesty’s advisers clear of such questions. That tho British Parliament ought not to be led without due warning, and without a full knowledge of tho people of this country, and without the several separate Provincial Governments being first hoard, to pass an Act which would destroy complete representative institutions in the colony, and ■would, therefore, greatly augment the responsibility of the British Parliament to tho inhabitants of New Zealand for the consequences which may flow from measures of tho General Assembly. That the only manner in which the petitioner and his fellow-colonists can

become aware of the already made, or about to be made to the British Government to induce Parliament to alter the New Zealand Constitution, and of His Excellency’s recommendations and suggestions in relation thereto, which must have a very important influence, is by all the papers connected with this übject being laid without delay befoie the General Assembly aocom-p.vd-d I> 7 explanations from the present Ministry. That unless such information is at once afforded it will be impossible to now devise o: take measures in time to prevent ParHam nt from bur; i d'y taking a step which it would certainly hereafter regret having taken, and winch if taken would create a f eeling bet ' ecu this colony and Great Britain which would ultimately bear ill fruit. That the petitioner believes there is no instance (nules i it has been accomplished by tyranny or by revolution) of an independent and freely elected legislature established by law amongst an inoffensive, industrious people being swept away without the consent of each such legislatures, and consequently of those whom they represent, having bean previously obtained by an Act passed by itself. That any Provincial Government that might abdicate its functions would probably only do so upon condition of the whole New Zealand Constitution being recast so that the General Assembly might be composed in a manner more consonant with popular rights and English feeling, at the same time stipulating upon an equivalent for the rights resigned and losses past and prospective. That the petitioner would therefore deem any attempt to induce Parliament to lend itself, without full information and without consent of the people of the provinces, previously obtained in a lawful and constitutional manner, to any plan for the destruction of the provincial institutions now enjoyed by people of this country as wrong and in breach of public faith, and a bad public example to the whole empire. That the petitioner therefore humbly hopes His Excellency may feel it his bounden duty to the Queen and country, no less than to New Zealand, and the Provincial Governments, to whom by law his Excellency owes independent duties, to prevent Parliament from being surprised into an act so fraught with momentous consequence for the present and future of the colony, and for its relations with the mother country, by at once summoning the General Assembly of New Zealand to meet with the least possible delay, in order that all necessary information may be afforded to the inhabitants of the colony. That your petitioner further prays that a copy of this petition may at once be transmitted to her Majesty’s Government, with a respectful request that it may be laid before Parliament, and that His Excellency will immediately send a telegraphic message to her Majesty’s Government, pointing out that at the present time there is no person constitutionally or in point of law qualified to negotiate or communicate with her Majesty’s Government on the subject of the abolition of the provincial institutions of this country, and that any negotiations for such purposes at present entered upon would be an illegal and unconstitutional act on the part of both parties to such negotiation, in violation of rights, liberties, and privileges assured to the people of New Zealand by the Act giving a representative Constitution to this colony, and a public error, as there are proper and constitutional means of settling the whole question.”