The Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. THURSDAY, OCTOBER 22, 1874.

Thames Star, Volume VI, Issue 1811, 22 October 1874, Page 2

The Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. THURSDAY, OCTOBER 22, 1874.

The New Zealand Herald yesterday published a letter from the Superintendent of Auckland with in closures, namely a letter to himself from Sir George Grey and also a petition from the latter to His Excellency the Governor (a short digest of which was produced in our telegraphic columns) on the proposed constitutional change embraced in the abolition of Provinces resolution. Any utterance of Sir George Grey's must necessarily command the highest respect and carry considerable weight; and, on perusal of the petition, the first thought that strikes us is, what a pity that Sir George did not accept a position in the Parliament of New Zealand when it was offered to him. He preferred a dignified retirement in his island home to the turmoil of parliamentary life; but the decision arrived at by' the Assembly during the late session to abolish the Provinces of the North Island appears to have roused him from his self-imposed inactivity, and ho now comes forward in defence of the Constitution Act, which is threatened by the abolition resolution. There are various circumstances which seem to indicate that Sir George Grey is pre-eminently fitted to express an opinion on Colonial matters, and especially on such an important question as the alteration of the Constitution Act of New Zealand.

He has had an experience in Colonial

affiairs extending over many years. ? Twice was he Governor of New Zealand, and for one term of the Cape Goiony. Sir George must necessarily understand the

relativo positions of the Home country and her colonies, and the relations in which the different estates of the colony stand to each other. We fancy, too, that Sir George Grey had something to do with the framing of the New Zealand Constitution Act, as he has most undoubtedly had a long experience of its working; so should be qualified to give an opinion as to its intentions, as well as its working during the early history of tho colony. He does not appear to bo of the opinion that the work of Provincial Governments has been accomplished, and protests against any change on the mere decision of the Assembly. In the following clauses the petitioner defines the powers conferred by the Constitution Act:—

That Her Majesty appoints the Governor of the colony of New Zealand, to exercise the powers belonging to the Queen, by prerogative, as well as the powers conferred on the Governor of this country, by or in pursuance of the New Zealand Representative Constitution Act. That any acts performed by the Governor in excess or in violation of such above-stated powers, are unconstitutional, in violation of Acts of Parliament, and of the rights and liberties of the "people of this colony, and would, in your petitioner's belief, be hurtful to the interests, -present or 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 its Governor, a Legislative Council, a House of Representatives, and Provincial Governments. These are all: creations of the same Act of Parliament. They have no powers but such as they derive from that Act. Their powers are all carefully balanced. They form one whole, which is the Representative Government of this country. That the Governor is bound by his duty to protect each of these estates in the exercise and enjoyment of their respective powers and privileges ; that he is for some acts responsible to the General Assembly, and for some acts responsible to the Provincial Government; and that no advice given to him by one or more of these estates will justify him in attempting, directly or indirectly, to deprive any other estate or estates of existence, or of powers, or of privileges which the Representative Constitution Act assures to them. The fear, and that for obvious reasons, would always be that 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 this colony have for many years past 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 acy time done or now about to be done in pursuance of such assumed 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 of provinces therein, and of a Provincial system 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.

Sir George Grey then enumerates the advantages which result from the form of Government exercised under the Constitution Act. He points out that a laudable ambition amongst colonists is encouraged by the facilities which our representative form of Government offers; that the institutions confer the right of making essentially local laws without such laws being sent home for confirmation by the Crown; that the entire right of expenditure of local funds is secured free from the interference of the Home GovernGovernment; that Provincial institutions tend to mate " all educated men to some extent statesmen." The petitioner further asserts that great advantages have already resulted from the working of Provincial institutions ; and sets forth that the Parliament have now proceeded to pass resotions for the abolition of Provinces in the North Island, and to take other steps in relation thereto, which, if carried out, will, the petitioner believes, result in the total abolition of Provincial Governments ; to prevent which Sir George Grey prays that the Parliament of New Zealand be called together with the least delay possible in order that all information on the question may be laid before the people of the colony, and further that, in view of the Premier's haying gone home .with the object of pressing upon the Imperial Government the necessity for making a charge in the constitution, the matter should be laid before the Home Government clearly; and that Her Majesty's Government should be communicated with by telegram " pointing out that at the present time there is no person constitutionally or in point of law qualified to negotiate/pr communicate with Her Majesty's Government on the subject of the abolition of the Provincial Institutions of this country, and that any negotiation for such a purpose

at present entered upon would, be an illegal and unconstitutional act on the part of both parties to such a negotiation, in violation of the rights, liberties, and privileges assured to the people of New Zealand by the Act giving a representative constitution to this colony, and an unnecessary public error, as there are proper and constitutional means of settling the wh#le question."

Sir George Grey points out the powers and responsibilities of the different estates of the realm, and he would appear to have come to the conclusion that the action of the Assembty in affirming the desirability of abolishing the Provinces is illegal—or rather that tbo subsequent action of tho Government is. It is difficult to see, however, what is to bring about a change unless it originates in the supreme representative body of the colony. The House of Representatives passed the resolution for a change by a large majority; and if the constituencies were appealed to there would be a still more decided expression of opinion unless the Press misrepresents the people. Assuming that the Premier has gono home to seek the aid of the Imperial G©vernment in abolishing the provinces, whatever may be done will have to receive the sanction of the Colonial Parliament—probably not till after a general election. If representatives, therefore, should be returned pledged to support the proposed constitutional change, provided the Home Government may be disposed to listen to the Premier, then one great objection of Sir George Grey's will have been removed. • Although the House has favorably approved of the principle it does not follow that the change will be immediately resolved upon.

Sir George Grey's petition will give a new phase to the discussion which the Premier's resolution evoked. We do not think it will retard the proposed change, but it may be the indirect means of bringing about a change in the Constitution less objectionable to the provinces proposed to be abolished, and quite a3 acceptable to the South Island Provinces as to the North. It is a pity that Sir George Grey was not in the Assembly when the abolition resolution was proposed. But even now the representations of the late Governor will command respectful attention —not less for the distinguished positions formerly held by Sir George Grey than for his acknowledged abilities as a statesman, and his attachment to the colony over which ho ruled during the most critical periods of its history.