SIR GEORGE GREY IN REPLY TO SIR JAMES FERGUSSON.

New Zealand Times, Volume XXIX, Issue 4273, 30 November 1874, Page 3

SIR GEORGE GREY IN REPLY TO SIR JAMES FERGUSSON.

_» (To the Editor of the New Zealand Herald.,) Sin, —I have just received in a newspaper a copy of the telepraphic summary of the reply of the Government to my petition regarding the sweeping away the freely-eleeted Superintendents and Legislatures of the provinces of the North Island. This summary is what the northern portion of the colony and myself at present know of the Government reply. Will you pardon me for troubling yon with the following remarks upon it? I wish to make these, if possible, in a manner" which may give no offence to the Government. I desire to gain all I can to my way of thinking, for I feel assured that I am contending on that side which will ultimately triumph—that which will soon have the good wishes and aid of all those who intend to make this country the homo of themselves and their posterity, and consequently of the great mass of the intellectual youth of New Zealand ; for we should all remember that the questions now being discussed, relate to the establishment of a future" nation, and the wolfare of unborn millions, and are the greatest which, after religious questions, can exercise the mental faculties of man. , The main points of the reply of the Government, in the order of their importance, are:— 1. That the General Assembly has in law the power to carry out, during the next session, the resolutions which it passed during its recent session, 2. That it will so carry them out. 3. That there is, therefore, no intention on the part of the New Zealand Government to

propose any measure to Parliament empowering it to give effect to its recent resolutions. 4. That my petition will not be transmitted in its present form to Her Majesty's Government, because if the Government did so it would be accepting the premise upon which it is based. To these several points I answer— Firstly : That the General Assembly cannot lawfully, as the lands now stand, during the next session, give effect to the resolutions it passed during its recent session. Upon this point I have not only quite made up my own mind after the fullest consideration, but I have had sound legal advice regarding it. Indeed, in one respect, this fact is perfectly obvious. Secondly : That I cannot believe that the General Assembly will attempt, by force, to complete in the next session, sq unlawful an act, as it is said they will perform, for they can do it in no other way, unless they first apply to Parliament. It seems, indeed, incredible to me that, without an appeal to the country, by a general election, and without the consent of the provinces being previously obtained, a Legislature, two branches of which are nominated by the Crown, or those who act for it, and which in no way represent the people of this colony, or any interest in it, and the third branch of which is undoubtedly greatly under the influence of those who exercise the powers of the Crown in New Zealand, will be permitted to destroy freely elected Governors, and freely elected and thoroughly independent Legislatures, which repeated Acts of Parliament positively declare the General Assembly shall have no power to destroy. I cannot believe that the people of this country will submit to what would be so unexampled an act of oppression, and I cannot believe that the Governor will use powers entrusted to him for such very different purposes, to enable a party in the colony to attain these ends in the manner proposed. It seems to me grievous enough that a Legislature, which does not truly represent the people of this country, should dispense its revenues as they please, and burthen us with vast debts for sums raised and expended in a manner of which we have only an imperfect knowledge, whilst the very funds so applied aretakenfrom truly representative Legislatures, whose proceedings we could carefully watch and control, and thereby, I believe, effect great savings. It also seems humiliating enough that the very highest office in the colony, next to that of the Governor, and at the same time an office more powerful by far than that of Governor, should be filled up by the Ministers chosen by a Legislature not truly representative, at their sole will and pleasure, by any man they choose to elect, who need not have been elected by any constituency in New Zealand, and who for many months may be allowed absolutely to rule this country, without its inhabitants being in any way consulted. All this seems grievous and humiliating enough ; but it is still worse to be told that such a non-representative Legislature intends either unlawfully, or if lawfully, then without our being informed of the steps which have been, or are to be taken, to obtain the assent of the Home Government to such an Act—to sweep away and destroy the only really representative bodies and Government which we possess—and that we are to be left under a form of Government which the people of England would not tolerate. The Superintendent of the province of Canterbury informs us that the resolutions, in which the General Assembly dealt with this question of the very "largest importance were brought down at the end of a session, after the estimates had passed ; and brought down, as it appeared, with a very insufficient reason —not because the people had been asking for this change, but because, as the Premier stated, he was tired of Provincial Government in the North Island." If these changes are carried out, as proposed, what will those who follow us here say to the men who gave up really free institutions, for such reasons, and entailed on their descendants a most obnoxious form of Government ? Thirdly : The reply of the Government, as given in the summary, avoids the main points of my petition. In that I stated that certain resolutions had been passed by the General Assembly—that those resolutions had probably been sent on, or would be sent on, to her Majesty's Government, accompanied by recommendations or suggestions in relation thereto, which might induce Parliament to alter the New Zealand Constitution Act, — that I had been credibly informed that the Premier of the colony had recently gone to England, and that one object of such visit was to endeavor to obtain an alteration of the New Zealand Constitution Act, and that the people of this colony had a constitutional right to know, without delay, every step that was taken in this matter. I now repeat all I said. I believe the resolutions must have been sent Home, accompanied by recommendations from the Governor and his advisers ; and I believe this because I cannot think that he would, in a case in which such vast interests and the whole future rights of the inhabitants of New Zealand are concerned, have ventured to withhold from her Majesty's Government all knowledge of an intended proceeding, which was to subvert our whole Constitution, and to which the assent of the Crown was necessary before it could become law. If the resolutions have been sent to her Majesty's Government, they will appear before them unaccompanied by any protest passed by a large majority of the Assembly, recommended by the Governor, apparently acquiesced in by the entire country. Her Majesty's Government will see the necessity of* an enabling Act ; the Premier, who will be in England, will undoubtedly be consulted, and the Constitution Act will, unless instant action is taken, be most probably altered. Indeed, to affirm, as the local Government now do, that the General Assembly will lawfully give effect, next session, to the re olutions which it passed this session iB to affirm that, directly or indirectly, an enabling Act of Parliament will be applied for and passed to enable it to do so, for in no other manner can the General Assembly lawfully give effect to its intentions. Of the mode in which the application may be made we can, all information being withheld from us, know nothing ; but it is certain it must in some way be made. I say again that, according to every rule of right, the information for which I ask ought not to be withheld for one hour. If the General Assembly cannot meet, the papers can be published in the Gazette ; this course is often followed at home Fourthly : I regret my petition is not to be Bent on. Her Majesty's orders command that this should be done. It must go through the Governor, that he may identify it as really coming from the petitioner it purports to come from, and that he may report as he thinks proper upon the facts and prayer of the petition. His transmitting a petition, therefore, in no way commits. him to accepting the premise upon which it is based. I am further sorry to see that tho Colonial Ministers have advised the Governor to break the rule laid down by the Queen on this subject, because it is a rule worthy o£ so great a Queen, and of so mighty a nation, and in some sort—although of course faintly and imperfectly—shadows forth what might have been almost a Divine rule. However vain was the babblement of a petition, whatever might be its deficiency in form, either of drawing up, or organ of transmission; whatever the passion or prejudice of the writer, all allowance was to to mado for ignorance, for silliness, for rage, for informality for want of courtesy ; a petition was a quasisacred appeal to a higher power, a humble prayer which, without fail, let, or hindrance, was to go on to that power which, being at a distance, could without prejudice or passion, overlook or pardon all errors and shortcomings, and see that these did not interrupt tho courso of justice. Only two circumstances could dolay tho transmission of a petition by tho Governor. If the language was grossly and shamefully improper, he could require it to be altered, or he might delay it for a reasonable time, for consideration and enquiry, so that his report upon it might afford all necessary information. Fortunately, the breaking of such a rule, in this case, will direct attention to the rule, and secure a compliance with it in future. It will then do more good than harm. —I have the honor to be your obedient servant, G. Gbey. Kawau, November 10, 1874.