The New Zealand Times (PUBLISHED DAILY.) MONDAY, JUNE 24, 1878.

New Zealand Times, Volume XXXIII, Issue 5379, 24 June 1878, Page 2

The New Zealand Times (PUBLISHED DAILY.) MONDAY, JUNE 24, 1878.

We have now before us a letter from the Secretary of the National Association for the Repeal of the Contagious Diseases Act. In it the writer makes reference to a report which appeared in our columns in November last of an interview had with some members of the present Government by a deputation from the Wellington City Council, who desired to have the operation of that law extended to Wellington. In regard to the views expressed by the Premier upon this question Mr. Banks, the secretary, writes—“A Sir Geokoe Grey “ is one of our vice-presidents, but it “ cannot be the same man as your Pre- “ mier, or he would never have expressed “ approval of the French system, against “ tiie horrors, and slavery, and despotism “ of which the best people in Paris and “ connected with its municipal adminis- “ tration are rebelling and are seeking to “ entirely abolish.” This naive expression of incredulity is to us amusing; the Secretary does not know much of “ one of “ his vice-presidents,” or he would not be surprised at this instance of the remarkable capacity of obliviousness in regard to opinions once held with the tenacity, or expressed with the vigor, of apparent conviction with which Sir Geokoe Gkey is endowed. A very striking and more modern instance of that capacity has, we think, been given in the memoranda upon the proposed publication of Lord Noemanby’s despatches which we reprinted from the New Zealand Gazette on Saturday last. Great talent for despatch writing and for making official memoranda Sir George Grey undoubtedly possesses. His style has been assiduously cultivated throughout a long series of years, and has been the chief source of the reputation which he has acquired. He has written much, and of late has, to use an Americanism, “orated” much, and in consequence unfortunately has never had time to do much of the practical work of the world. Quarrelling officially, with memoranda for weapons, and despatch writing, have engrossed his existence as a public man. Time appears to make no change in this remarkable habit. The celebrated Wairarapa letter and his first despatch from Kawau to the Superintendent of Auckland about abolition are specimens of the enigmatical style in which some purpose, not convenient to be disclosed at once, is hidden in a cloud of oracular words, of which an interpretation can be given at some future time. With these two documents may fairly be classed the memoranda of the Bth and 20th instant just now published. To the question, what is it all about ? it would be difficult to give a rational answer. The note of the Governor to the Premier, transmitting the despatches with a request that they should be printed and laid before Parliament in the usual course, is not given; but we may assume that it did not depart from the stereotyped form. Whereupon his Excellency was informed, amongst many other things, that—

Sir Geo’ge Grey thinks it his duty to submit, for tho Governor’s information, an enclosure, showing what are tho precise powers given to tho Secretary of State by the Constitution Act, in reference to all questions relating to the proceedings of the General Assembly of New Zealand.

The enclosure quotes four clauses of the Constitution Act, two of which have been repealed, and one practically abrogated. The only one operative of the number is clause 68, which is as follows : Whenever any Bill which shall have been presented for her Majesty’s assent to tho Governor shall, by such Governor, have been assented to in her Majesty's name, he shall, by the lirst convenient opportunity, transmit to her Majesty’s Principal Secretaries of State, an nnthentic copy of such Bill so assented to : and it shall be lawful, at any time within two years after such Bill shall have been received by the Secretary of State, for her Majesty, by Orderdn-Councll, to declare her disallowance of such Bill, and such disallowance, together with a certificate under the hand and seal of the Secretary of State, certifying the day on which such Bill was received os aforesa d, being signified by tho Governor to tho said Legislative Council and House of Representatives by speech or message, or by proclamation in tho Government Gazette, shall make void and annul the same, from and after the day of such signification.

The argument practically is that the Secretary of State has no other duty towards this colony than that imposed upon him by this clause, and that any fnrchea interference with the action of the Government or the Legislature must be resisted by the people of New Zealand. The Premier has, however, forgotten, in his hurry no doubt, to state the whole case. The people of Now Zealand, at present at least, are loyal subjects of the Queen. They are governed under an Act of the Imperial Parliament known as the Constitution Act; their laws are English laws; they claim the protection of the Empire to defend them against agression from without, and their Parliament, although empowered to make laws for the peace, order, and good government of New Zealand, can make no law independently of the Queen. Upon every law so made the Queen may put her veto. When, therefore, Sir George Grey cited the portion of the Constitution Act which, as he thinks, limits and defines the duties of the Secretary of State for the Colonies, he ought not to have omitted the following, which is the moat important of all :

It shall be lawful for her Majesty, with the advice of her Privy Council, or under her Majesty's signet and sign manual, or through one of her Principal Secretaries of State, from time to time to convoy to the G'-vernor of Now Zealand sucli instructions os to her Majesty shall seem meet, for the guidance of such Governor for the exercise of the powers hereby vested in him, Of assenting to, or dissenting ftom, or for reserving lor the signification of her Majesty’s pleasure. Bills to bo passed by tho said Legislative Council and House of Representatives; and it shall bo the duty of such Governor to act in obedience to such instructions. -

Instructions from the Secretary of Stale, under the authority Of this clause, are extant and operative, and may at any time be revoked or altered. Surely this is a very important power, and ought not to have escaped the notice of the Prime Minister. In case Sir George Grey should induce the General Assembly to exercise the power which he says is possessed by that body, of enacting that the Governor of New Zealand shall be elected by the people, instead 'of being nominated by the Crown, he would probably find the Secretary of State, and the Permanent Under-Secretary also, very much in his way. Until this restraint upon our liberties is removed we fear that the building up of such a nation “as has never been seen,” on Sir George Grey’s plan and elevation, will not be easily accomplished. It is as well, however, that; he should take note of the fact, and in this view we venture to draw his attention to it. We had occasion to say some time ago that it was reported that Mr. Graham Berry, the great Victorian constitutional architect, was in communication with our Premier and that an entente cordiale had been established between these great Powers as to their respective operations in the future. If this be true, the mode of dealing with the Governor in each case has probably been reserved by the high contracting parties from the common programme, so that her Majesty’s representatives may be left to be operated on as circumstances may require. In Victoria, the Governor and the Prime Minister appear to have the same architectural views, and their recent proceedings have been “ such as have never been seen,” we are happy to think, in any British colony having a liberal constitution. Our Premier has not been so fortunate ; Lord Normanby has old fashioned prejudices about observance of law and performance of public duty to the whole people of the colony over whom he presides, as well as to the Queen whose servant he is; and it is irapossiblenot to admire the perfect temper with which, in his memorandum, he puts aside the rudeness and rebukes the folly of his responsible adviser. We are to-day able to touch upon one point only in this correspondence ; there are some others which will require notice.