SIR GEORGE GREY'S PETITION.

Waikato Times, Volume VII, Issue 382, 24 October 1874, Page 2

SIR GEORGE GREY'S PETITION.

To His Exceloejhjy the Governor of New Zealand. I }JLay it please your Excellency, — The humblo petition of Sir George Grey, of the island of Kawau, I respectfully I'epresents as follows :—: — I That Her Majesty appoints tho Governor, of the colony of New Zealand, to exerciso the powers belonging to the Queen, by prerogative, as well as the jiovfvs conferred on the Governor of this country, !. tii <> i 'i pursuance of the New Zealand Kepresen- < < ' mhitution Act. That any acts performed . Governor in exce&s or in violation of such a .^'e-stated powers, arc unconstitutional, in violation of Acts of Parliament, and of the lights 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 01 its Governor, a Legislative Council, a House of llepresentatives, and Provincial Governments. These are all creations of the same Act of Parliament. They ha\ eno powers but such as they derive from that Act. Their powers are all carefully balanced. They form one whole, which is (he .Representative Government of this country.

That the Goverjioi- Ls bound by his duty to protect each of these e.siites iv 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 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 the 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 Geneial 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 cuuld the electors confer tiny 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 assumed powers nro and always have been absolutely null and void; and of no effect whatever, That by the said New Zealand Representative Conj stitution 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 ure 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 a high and useful office. A worthy object of ambition is also opened out to all, which 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 the inhabitants of a mere dependency of a ! great nation, many of the most worthy and ennobling i objects of ambition arc cut offi That your petitioner I and his fellow-colonists have by these same instituI tions the very unusual right confirmed to them of making their own laws upon all local subjects without Midi laws being sent home for the confirmation i of the Crown, whereby one great cause of probable danger of disputes ultimately arising between the colony and the mother country is removed; and the inhabitants of provinces have assured to them the entire right of the expenditure of their own funds, and freedom from any interference on the part of the Home Government to compel them to incur any expenditure of which they may disapprove ; which is a privilege not enjoyed by the General Assembly. That, under the system of Provincial Government, a large portion of the population of these islands is trained to the discussion of political questions and to the exercise of political functions, whilst many of them are being educated in the art of government. This country also possesses at convenient points Councils composed of members chosen by the people, anxious to earn the approval of their fellows. These Councils possess perfect freedom of debate, and abuses can iv them be at least exposed, if not redressed. A few years of such a system of government must make all educated men to some extent statesmen — must call into existence an intelligent and contented community, prepared to meet any difficulties that may arise with moderation, fairness, and enlightenment, whilst a perfect guarantee is afforded that the spirit of the population shall not be broken, or their lives embittered by oppressive privileges being given to any particular caste. That your petitioner confidantly appeals to the histories of all nations and of all times to shew that it is to the want of education of populations in and by such institutions that practical slavery, misgovernment, persecution, ignorance, ferocity, bloodthirstiness, and a galling disparity in wealth and rank are mainly to be attributed. That the Provincial or Federal system has been perfectly successful in this country. That, under its influence, prosperous communities have grown up, have marvellously increased in population, wealth, and enlightenment. That vast and sometimes appalling difficulties have been met and overcome, and that general contentment and well-doing prevail. That your petitioner hoped that this federal system might have helped to have solved many of the political difficulties of the future. That haply hereafter the whole English-speaking race might have been welded together in some such federation, and a degree of peace, prosperity, and commerce thus insured for mankind, such as no previous age of the world has witnessed. That your petitioner sees every person of the Russian race convinced that their country is marching on to a great future, which they have before them. The same feeling prevails in the United States of America. The German and Italian-speaking races are federating into separate great Empires with a view to future pi-o-gress. The dependencies of the British Crown alone appear to be utterly neglected, to be formed by degrees into isolated communities, often with questions unnecessarily created between them which are likely to give rise to future disputes. In some instances they are absolutely abandoned. For them no future is opened out, and your petitioner would dread to see a federal system abolished which, he trusted, offered a prospect for the solution of these difficulties. Indeed, so successful had tho federal system proved in this colony, that it was adopted in Canada. That it was ordei-ed by Her Majesty's late Government if possible to be introduced into South Africa, although they had up till this time been opposed to this measure, and that the Governor of the Cape colony has recently stated that, if that Government had been allowed to re-unite the whole of South Africa when it might easily have been accomplished, he would have had very little apprehension for the future; but, 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 an unjust and partial alienation of public lands, by the scrutiny of a local freely-elected Legislature body, are of the greater value to them because in the General Assembly of the colony, which is composed of three estates, a Governor, a Legislative Council, and a House of Representatives, which form a Legislature, was imposod upon this country by or under an Act of Parliament in which its inhabitants were not represented, the Crown reserved to itself the right of nominating two out of three estates of such Legislature, viz, the Governor anil the Legislative Council, the members of which body are nominated by the Crown for life. That your petitioner and his fellow-colonists are thus only directly represented in one branch of the said Legislature, and ai'e subjected to a Constitution repugnant to that of Great Britain. That the Crown derives no advantage from this power of nomination being reserved to it. For it ha 3 here no rights or privileges to protect against popular encroachment, and can but have in view \o secure the welfare and preserve the affection and attachment of its New Zealand subjects, and that this power of nomination reserved to the Crown, really obliges the Crown to identify itself with parties in this country and to give its aid in party strife, which must result in its becoming ultimately obnoxious to some portion of it*, subjects in this country. That your petitioner believes that tho entire freedom the inhabitants ef this colony enjoy, in the election of their own Superin-

eime:it.s or Governors and in their own Provincial Institutions, and the means they thus posses of rewarding eminent public men, are of greater value to them on account of the steps recently taken by tho Colonial Department to reward the public men of thib country by tho creation of two new honours, each of which, both in an Imperial and Colonial point of view, is open to serious objection, and one of which being repugnant to law and constitution;! 1 usage, and apparently in violation of the New Zealand Representative Constitution Act, is probably void and useless. That an attempt was made to introduce into Gi'cat Britain an Upper House only in small part similar to the Legislative Council established here and that such proceeding was declai'ed to be illegal, was strenuously resisted by a large majority in each House of Parliament and by almost the entire nation, and was abandoned as being unconstitutional and contrary to law. That the Crown having been made by Act of Parliament the nominator of two estates out of three of the General Assembly, the British Parliament is to a certain extent responsible for the acts of that Assembly, and ought therefore to continue any protec- ; tion to weak and truly representative bodies of Her Majesty's subjects against the encroachments of such Assembly, which Parliament has hitherto afforded to them, and that Her Majesty's advisers should therefore be carefully guarded by those who represent Imperial interests in this country from unconstitutionally, hurriedly, or without full information taking steps in this matter, as their doing so must involve them in serious Parliamentary difficulties. That for the better preservation and security of the rights and liberties of the people of this colony, the British Parliament enacted that the General Assembly should only have power to constitute new provinces in New Zealand, to alter the boundaries of existing provinces, and to make laws respecting the election of members of Provincial Councils, and the powers of such Councils, and the distribution of the surplus revenue between the several provinces of New Zealand. In other words, that body, which, inasmuch as two out of its three estates were nominated by the Crown, whilst part of the remaining third estate was in various ways brought under the influence of the Crown or of those holding the powers of the Crown in this country, could only be said to represent the people of New Zealand in a remote and imperfect manner, was by special enactment restrained from destroying or attempting to destroy those bodies which, together with their elected Superintendents, did represent the inhabitants of New Zealand in the most perfect, complete, and thorough manner that could be desired ; and this was a wise and necessary precaution, as the very independence of the latter bodies was almost certain to excite the ill-will of a more powerful body so differently constituted from themselves. That relying upon this Act of Parliament, and contented with the great freedom they enjoyed under Provincial Institutions, youi petitioner and many other of his fellow-colonists have industriously and quietly occupied themselves with their own pursuits, and have taken no part in political affairs. That the General Assembly of New Zealand has, however, recently proceeded to consider the question of the abolition of the provinces in the North Island of New Zealand, and to pass resolutions, and to take other steps in I'elation thereto, which, if cairied out, your petitioner believes will result in the total abolition of the system of Provincial Government throughout New Zealand. That your petitioner is also now credibly informed that the Premier of the colony has recently gone to England, and that one of the objects of such proceeding on his part is to obtain an alteration by the British Parliament of the New Zealand Constitution Act, in order that powei-s may be conferred upon the General Assembly of New Zealand enabling it to abolish, either 'in whole or in part, the exi&ting provinces and Provincial Governments of New Zealand. That the Imperial Government which has so many weighty duties 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 adviser clear of such questions, That the British Parliament ought not to be led without due warning, without dne knowledge of the people of this country, and without the several and separate Povincial Governments being first heard, to pass an act which would destroy complete representative institutions in this colony, and would, therefore, greatly augment the responsibility of the British Parliament to the inhabitants of New Zealand for the consequences which may flow from the measures of the General Assembly. That the only manner in which your petitioner and his fellow-colonists can become aware of the representations already made, or about to be made to the British Government to induce Parliament to alter the New Zealand Constitution Act, and of your Excellency's recommendations and suggestions in relation thereto, which must have a very important influence, is by all the papers connected with this subject being laid without delay before the General Assembly, accompanied by explanations from the present Ministry. That unless such information is at once afforded, it will be impossible now to devise and take measures in time to prevent Parliament from hurriedly taking a step which it would certainly hereafter regret having taken, and which, if taken, would create a feeling between tliis colony and Great Britain which would ultimately bear ill fruit. That your petitioner believes that there is no instance (unless it has been accomplished by tyranny or a revolution) of independent freely-elected Legislatures, established by law amongst an inoffensive and industrious people, being swept away without the consent of each of such Legislatures, and consequently of those whom they represent having previously been obtained by an Act passed by itself. That any Provincial Government that might in that matter 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 feelings, at the same time stipulating upon an equivalent for rights resigned, and for losses past and prospective. That your petitioner would therefore deem any attempt to induce Parliament to lend itself without full information and without the consent of the people of the provinces i having been previously obtained, in a lawful and constitutional manner, to any plan for the destruction of the Provincial Institutions now enjoyed by the people of this country as wrong, as in breach of public faith, and as a bad public example to the whole Empire. That your petitioner therefore humbly hopes that your Excellency may feel that it is your bounden duty to your Queen and country, no less than to New Zealand and the Provincial Governments, to whom by law your Excellency owes independent duties, to prevent Parliament from being surprised into an Act so fraught with momentous consequences for the present and future ot 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 this colony. That your petitioner humbly prays that your Excellency will be graciously pleased f>o to summon the General 'Assembly of New Zealand. That your petitioner further humbly prays that a copy of this, his humble petition, may at once bo transmitted to Her Majesty's Government, with a respectful request that it may be laid before Parliament. That your petitioner further humbly prays that your Excellency may be pleased immediately to send a telegraphic message to Her Majesty's

Government, pointing out that afc the present timo there is no pon>on constitutionally ov in point of law qualified to negotiate 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 che 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 whole question. And your Excellency's humble petitioner, as in duty bound, will ever pray. (Signed) G. Grey. Kawau, October 14, 1874.