JQ 5815 1851 A55 • 55 I o Great Britain Colonial Office The Constitution of New Zealand THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES 5SI!i THE CONSTITUTION OF NEW ZEALAND. Despatch from Sir George Grey TO THE Right Hon. Earl Grey, aurfelanli, Nrbj 2talanli: H. BRETT, GENEEAL PRINTER, SHORTLAND & FORT STREETS. 1891. THE CONSTITUTION OF NEW ZEALAND Despatch from Sir George Grey Right Hon. Earl Grey. "auchlauD, Xrio Scalauti : II. CkETT, GkNEUAL PklNTKR, ShuRTLAND AND FoRT STREETS. 1S91. IBS') ^5^ PREFACE. The subject of colonial federation having again come to the front, it has been thought desirable to republish a despatch written more than forty years ago upon this question. The result of that despatch was the enactment by the British Parliament of " An Act to grant a Representative Constitution to the Colony of New Zealand/' This was the most liberal con- stitution which had at that time been conferred upon any British Colony, and formed the basis of the constitution given to Canada. The Colonial Minister, Sir John Packington, in transmitting to the (Governor the New Zealand Constitution Act, July 16th, lHo'2, informed him as follows : — "They (Her Majesty's Government; are, in fact, well assured that the measure itself, now reduced into a law, owes its shape in great degree to your valuable suggestions. It has been thought advisable that the Provincial Councils should consist of a single Chamber, consisting wholly of elected members. '' Her Majesty's Government determined on submitting to Parliament another suggestion, originated by yourself, although not actually reduced by you into practice, that of rendering the Superintendents of Provinces elective. They are aware that this is an innovation on ordinary usage. . . . But they have not, on this account, thought it necessary to withhold what they have every reason to believe will be regarded by the colonists as a valuable concession, whilst they feel a confident hope that the electors will form the best judgment as to the persons qualified to serve the public interest in offices for which a knowledge of the wants and circumstances of each locality is peculiarly necessary. 1296411 4 PREFACE. " Another point in which you will observe that your own sugg-estions have been adopted is the leaving the power ot allowance and disallowance of Provincial Ordinances in the Government, instead of in the Crown." Notwithstanding these concessions on the part of the Home Government, Sir J. Packington refused to allow the Legislative Council, or Upper House, to consist of elected members, as had been recom- mended. The Imperial Parliament therefore decided that the members of the Council should be nominated by the Crown for life. This change destroyed the balance of the proposed New Zealand Constitution. The objects specially contemplated in drafting that constitution had been to do away with various restrictions upon freedom of election and legislation, which at that date prevailed. To do away with the necessity for any special rank, or money, or property qualifications, to enable a person to enter a legislative body. To secure what was then regarded as a low rate of franchise. To establish Provinces with the most ample powers of real local self-government. To enable the people of such Provinces to elect their own Lieut. -Governors (Superintendents). To show in practice that at least in populations which were not numerous one Chamber was sufficient to insure good legislation. To enable the Provinces to alter their form of government as they might desire, without reference to any outside authority, and generally to prevent such external authority from interfering with the internal legislation of New Zealand. To secure the equitable application of the revenues of the entire colony throughout its whole extent. To provide for the payment of members. It was thought necessary to place one restriction on the powers of the Provinces. When the United States federated, each State claimed to be a Sovereign State, independent in every respect of any other authority. The States then agreed to divest themselves of the power of legislating on certain subjects of common interest, and to vest the power of legislating on these in the General Congress, The legislative powers of Congress PREFACE. 5 were thus shut up within well-defined boundaries, which could only be extended by the unanimous •consent of all the States. Hence, in the event of any question of paramount interest arising — such as slavery — if the majority of the States and people desired a general law, modifying or abolishing such an institution, the minority might refuse the Congress the power of making such a law. It was difficult to see how such an emergency could be met without recourse to arms. It appeared, there- fore, to be prudent to make some provision for meeting such a possible contingency. These views were acquiesced in by the British Government and Parliament. The General .Vssembly of New Zealand, which was composed of the representative of the Queen, the Legislative Council, and House of Representatives, was therefore regarded as the sovereign power, which had devolved certain of its powers of legislation on the Superintendents and Legislative Councils of Provinces, on the condition that it could resume any of these powers if it deemed it necessary for the common good to do so. By clause 10 of the New Zealand Constitution Act, it was therefore enacted that it should not be lawful for the Superintendent and Provincial Council to make or ordain any law or ordinance relating to certain named special purposes of general interest, which concerned the welfare of the entire colony, and in the fifty-third clause of the same Act a further provision to the following effect was enacted : — " The laws so to be made by the General Assembly shall control and supersede any laws or ordinances in anywise repugnant thereto, which may have been made or ordained prior thereto by any Provincial Council, and any law or ordinance made or ordained by any Pro- vincial Council in pursuance of the authority herein conferred upon it, and on any subject whereon, under such authority as aforesaid, it is entitled to legislate, shall so far as the same is repugnant to, or inconsistent with any Act of the General Assembly, be null and void." Extensive as were the then unusual powers gfiven by their constitution to the Provinces of New 6 PREFACE. Zealand, and to its people, it is universally ad- mitted that they used them well and wisely ; that they so governed themselves that they prospered in no ordinary degree, and were truly loyal and contented, whilst in the Provincial Councils were educated that class of statesmen who have ruled New Zealand almost to the present time. DESPATCH FROM SIR GEORGE GREY TO THE RIGHT HON. EARL GREY. No. 121 — Legislatwe. Government House, Wellington, August 30, 1851. M\ Lord, — Adverting to my despatch, No. 123^ of the 24th October, 1S.")0, in which I transmitted, for your Lordship's information, the draft of a Bill for constitution of Provincial Councils which I in- tended to introduce into the General Legislative Council of these islands, I have now the honour to enclose that Ordinance in the form in which it passed the Council and received my assent.* 2. In thus transmitting it for the purpose of being submitted for Her Majesty's approval or disallow- ance, I think it right to make, for your Lordship's information, the following report upon the enclosed measure. •S. In doing so it will however be necessary for me to advert to what took place in 184G, when Parliament passed an Act to make further provision for the government of the New Zealand islands, in conformity with the provisions of which a Charter was issued, and a Constitution conferred upon these islands, regarding the general provisions or details of which, it was, from want of time, not found prac- ticable to afford me any opportunity of making a report or offering any opinion. 4. When that Constitution and the Instructions which accompanied it arrived in the colony, very serious disturbances prevailed ; and the native population having for some time previously been in a state of great excitement and rebellion, I thought it would be imprudent to attempt imme- diately to introduce certain provisions in the Charter, Constitution, and Instructions, which had been sent out to me, and I reported to your Lord- ship accordingly. With a promptitude and gene- rous confidence in my prudence and judgment for ' Provincial Councils Onlinance, Sess. XI., No. 6. 8 THE NEW ZEALAND which I shall always feel grateful, your Lordship acceded to my views ; and upon your recommenda- tion Parliament passed an Act in 1848, suspending for five years the constitution which had been be- stowed upon these islands, and further authorizing me, during those five years, to constitute in Xew Zealand Provincial Councils, to be composed either wholly of elected, or partly of appointed and partly of elected members, as might be thought most de- sirable. 5. The suspending .Vet of Parliament not wholly repealing, or even altering, the constitution which, under your Lordship's directions, had been con- ferred upon these islands, but only deferring its introduction for five years, I felt that it was my duty to your Lordship, who had acted with such generosity and confidence towards myself, to be careful to exercise the powers conferred upon me by Parliament with regard to the creation of Pro- vincial Councils in such a manner as should neither defeat nor even embarrass, but rather aid in the introduction at the termination of the five years for which it was suspended) of that form of constitution which that offtcer of Her Majesty's Government, under whose direct orders I was serving, and upon whom the responsibility of advising the Queen upon such subjects rested, had deemed most fitted for the present condition of these islands, and which consti- tution was, moreover, in very many of its main features, one well adapted to promote the pros- perity of New Zealand. 0. I also felt that I had a peculiar and very deli- cate duty to perform towards Parliament, because the powers with which I was intrusted by the Act 1 1 \^ict., cap. .")., of constituting Provincial Councils, were very great powers, such as I believe had before that time rarely, if ever, been entrusted to a Colonial Governor ; and Parliament, at the same time that it had intrusted me with these ample and unusual powers of legislation on such important subjects, was itself legislating upon the same subjects, with reference to colonies in the immediate vicinity of these islands. I judged therefore that it was my duty, as an officer of a great Empire, in- trusted with high powers, not to attempt rashly to CONSTITUTION ACT. 9 set up my judgment against the opinions of the tnajoritv of the great council of that Empire, and by legislating in a manner different from that which they thought proper to pursue in immediately neighbouring colonies, create, perhaps, great em- barrassment and m.uch discontent. But I thought it rather my duty, in any Ordinances which I might pass for the creation of local legislatures, to act, in as far as the circumstances of this country would permit, in perfect accord and harmony with the system which Parliament might pursue ; and then, in reference to any other changes I might deem necessary, to make recommendations on the subject to your I^ordship, in order that they might be sub- mitted for the consideration of Parliament. 7. In all proceedings, therefore, which I have taken in reference to the changes I have introduced into the constitution of this country, I have held the two foregoing principles in view ; although I have still so framed my measures as to make gradual advances towards what, in my own opinion, would be the most perfect form of constitution which could be bestowed upon New Zealand. 8. The recent despatches I have received from your Lordship having convinced me that your desire to promote the welfare of the inhabitants of these islands and the interests of the Empire is so strong, that you are ready instantly to forego the form of constitution proposed by your Lordship if a better one can be presented for your consideration, and as you have invited the full expression of my views upon the subject, I now, although with a sense of great diffidence in opposing my own views to those of your Lordship and Parliament, proceed, in transmitting the enclosed Ordinance, to make a general report upon the form of institutions which a long consideration of the subject has made me deem best adapted to the circumstances of these islands, and to show how I hoped that the Ordi- nance now transmitted might ultimately form a component, and perhaps the most important part of such institutions. 0. In making such a report as I have above indi- cated, I shall assume, in conformity with the terms of your Lordship's despatch. No. 23, of the l!)th lO THE NEAV ZEALAND February, 1851, that (although they have not yet reached me) Instructions have been issued to me by her Majesty, leaving me unfettered discretion as to the number of provinces into which New Zealand should be divided ; and I shall further report fully the mode in which I intend temporarily- to give effect to those instructions and to the en- closed Ordinance, so that my proceedings may, in as slight a degree as possible, interfere with any arrangements which Her Majesty Government may see fit to make regarding the form of constitution for New Zealand, whether they may either adopt in whole or in part, or entirely reject, the plan of institutions embodied in the enclosed Ordinance and this report. 10. In order that the present state of these islands, and the condition of the several races in- habiting them, for whom representative institutions are to be provided, may be clearly understood, and that the subject may stand in a complete form, it will be necessary for me to incorporate into the present despatch, with such modifications as carry the subject up to the present time, several of the first paragraphs of a despatch, number 93, which I addressed to your lordship upon the 0th of July,. 184!). 1 1 . The group ol colonies comprised in the New- Zealand islands are composed at present of what may be termed nine principal European settlements, besides smaller dependencies of these. The largest of these settlements contains about nine thousand (9,000) European inhabitants ; and their total European population may be estimated at about twenty-six thousand souls. These settlements are scattered over a distance of about nine hundred miles of latitude ; they are separated from each other by wide intervals ; and communication, even for persons on horseback, exists only between three of them. Their inhabitants are chiefly British sub- jects, but there are amongst them many Americans, French, and Germans. The majority of them have never been trained to the use of arms. The settlers,, both in the main colonies and the subordinate de- pendencies, have occupied the country in so scat- tered and irregular a manner, that it would be found COXSTITUTIOX ACT. I I impossible to afford them efficient protection. They are generally without arms, and would probably be deprived of them by the aboriginal population if they possessed them at any remote stations. VI. The wide intervals between these European colonies are occupied by a native race, estimated to consist of one hundred and twenty thousand (120,000 souls, a very large proportion of whom are males capable of bearing arms. These natives are generally armed with rifles or double-barrelled guns ; they are skilled in the use of their weapons^ and take great care of them ; they are addicted to war, have repeatedly in encounters with our troops been reported by our own officers to be equal to any European troops, and are such good tactitians that we have never yet succeeded in bringing them to a decisive encounter, they having always availed themselves of the advantages afforded by their wilds and fastnesses. Their armed bodies move wdthout any baggage, and are attended by the women, who carry potatoes on their backs for the warriors, or subsist them by digging fern-root, sa that they are wholly independent of supplies, and can move and subsist their forces in countries where our troops cannot live. i:?. I should here correct a popular fallacy,, which, if ever acted upon, might prove ruinous to these settlements. It has been customary to com- pare them to the early American colonies, and the natives of this country to the North American Indians. There appears to be no analogy between the irregular manner in which these islands were partially peopled by whalers and persons from all portions of the globe, and the pilgrim fathers who founded the early settlements in America ;. and I have been assured by many excellent and experienced officers, well acquainted with America and this country, that there is, in a mili- tary point of view, no analogy at all between the natives of the two countries ; the Maories, both in weapons and knowledge of the art of war, a skill in planning, and perseverance in carrying out, the operations of a lengthened campaign, being infi- nitely superior to the American Indians. In fact there can be no doubt that they are, for warfare in 12 THE NEW ZEALAND this country, even better equipped than our own troops. 14. These natives, form the positions which they occupy between all the settlements, can choose their own points of attack, and might even so mislead the most wary government as to their intended opera- tions, as to render it extremely difficult to tell at what point they intended to strike a blow. They can move their forces with rapidity and secrecy from one point of the country to another ; whilst, irom the general absence of roads, the impassable nature of the country, and the utter want of supplies, it is impossible (except in the case of some of the settlements where good roads have been constructed) to move a European force more than a few miles into the interior from any settlement. 15. The natives, moreover, present no point at which they can be attacked, or against which ope- rations can be carried on. Finding now that we can readily destroy their pas or fortifications, they no longer construct them, but live in scattered villages, round which they have their cultivations, and these they can abandon without difficulty or serious loss, being readily received and fed by any friendly tribe to whom they may repair. They thus present no vulnerable point. Amongst them are large numbers of lawless spirits, who are too ready, for the sake of excitement and the hope of plunder, to follow any predatory chief. To assist in anything which might be regarded as a national war, there can be little doubt that almost every village would pour forth its chiefs and its popula- tion. IG. With these characteristics of courage and warlike vagrancy, the Maories present, however, other remarkable traits of character. Nearly the whole nation has now been converted to Chris- tianity. They are fond of agriculture, take great pleasure in cattle and horses ; like the sea, and form good sailors ; have now many coasting vessels of their own manned with Maori crews ; are attached to Eurbpeans, and admire their customs and man- ners ; are extremely ambitious of rising in civiliza- tion and of becoming skilled in European arts ; they are apt at learning ; in many respects extremely CONSTITUTION ACT. 1 3 conscientious and observant of their word ; are ambitious of honours, and are probably the most covetous race in the world. They are also agreeable in manners, and attachments of a lasting character readily and frequently spring up between them and the Europeans. Many of them have also now, from their property, a large stake in the welfare of the country ; one chief has, besides valuable property of various kinds, upwards of five hundred pounds (£500) invested in Government securities ; several others have also sums of from two to four hundred pounds (200 to £400! invested in the same securi- ties. 17. A consideration of these circumstances will, I think, lead to the conclusion that any attempt to form, in those portions of these islands which are densely peopled by the natives, an ordinary Euro- pean settlement, the inhabitants of which produced all they required, and were wholly independent of the native race, must end in failure. The natives in the vicinity of such a settlement, finding them- selves excluded from all community of prosperity with the inhabitants, would soon form lawless bands of borderers, who, if they did not speedily sweep away the settlement, would yet, by their constant incursions, so harass and impoverish its inhabitants that they would certainly soon with- draw to the neighbouring Australian settlements, whefe they could lead a life of peace and freedom from such incursions. Upon the other hand, how- ever, it would appear that a race such as has been described could be easily incorporated into any British settlement, with mutual advantage to both races ; the natives supplying agricultural produce, poultry, pigs, and a constant supply of labour (although yet for the most part rude and unskilled) ; whilst, upon the other hand, the Europeans would supply the various manufactured goods required by the natives, and provide for the manifold wants created by their increasing civilisation. Such a class of settlements might easily grow into pros- perous communities, into which the natives, with characters softened by Christianity, civilization, and a taste for previously unknown luxuries, would readily be absorbed. This process of the incorpora- 14 THE NEW ZEALAND tion of the native population into the European settlements, has, accordingly, for the last few years, been taking place with a rapidity unexampled in history. Unless some sudden and unforeseen cause of interruption should occur, it will still proceed, and a very few years of continued peace and pros- perity would suffice for the entire fusion of the two races into one nation. 1. X, No. I. f Crown Lands Aniciuliuenl and Extension Ordinance, Sess. XL* No. 10. CONSTITUTION ACT. 2 1 tended class of municipal duties they would be adopted, as wards, into the larger corporation. The necessary powers for creating these bodies are already conferred upon the Governor-in-Chief by the Charter and Fifth chapter of the Instruc- tions of IS^'G. Pull details relating to the con- stitution, duties to be confided to, and powers of these bodies, are set forth in the Auckland Charter, creating such a municipality, and my despatch to the Lieutenant - Governor which accompanied it, which I transmitted to your Lordship in my despatch named in the margin. Several municijDalities of this nature, in addition to the borough of Auckland, will require to be almost immediately constituted. •S."-. From the preceding statement of the nature of the municipal institutions which I consider necessary for New Zealand, your Lordship will, I think, see that I rely greatly upon municipal institutions as a very important element in the constitution of this country ; and it will be found by a reference to my despatches of the numbers and dates mentioned in the margin, that from one third ot the gross proceeds realised from the sale of land in their respective districts being placed under the control of these municipal bodies, I anticipated that a more popular and better adminis- tration of the waste lands of the Crown would result than prevails in any other colony. oG. Finally, I would make two remarks upon this subject. Firstly. — I believe the system of municipal institu- tions which I have detailed is very popular, and will gradually become more so, and that the inhabitants of New Zealand generally would very unwillingly see them swept away to give place to any other system that has as yet been proposed. Secondly. — That all the necessary powers lor the creation and regulation of such municipalities rest upon legislative enactments and instructions already in existence ; and that, consequently, nothing has either to be done, nor does anything require to be swept away, in order to secure to New Zealand the advantage of such corporate bodies. 2 2 THE NEW ZEALAND In any constitution, therefore, which may be given to these islands, all that is necessary is to preserve, exactly in its present form, the fifth chapter of the- Royal Instructions of l'^4G, "on Municipal Cor- porations.'" Provincial Coiiiicih. o7. Next ascending to the legislative body, which it is proposed should immediately succeed munici- palities, oS. I think that power should be given to the Governor-in-Chief to divide the New Zealand islands, when he thought it expedient to do so, into the five provinces named in the margin,* and that power should also be given to the Governor-in- Chief, with the advice and consent of the General Legislature of these islands, to alter the boundaries of such provinces, and to create others if necessary. oil. One of the provinces I have named would probably immediately contain three boroughs or municipalities ; and they might all, from their nature, contain either several municipalities or none. If the returns of the native population are at all correct, the proposed province of New Ulster would now contain, Europeans. .10,000 ) , ..a aaa i Natives 70,000 ) "^^''^^ ^^'^^^ '^^^"• that of Wellington, Europeans. . 8,000 \ 48,000 souls, exclusive of the- Natives 40,000 j" military. The other provinces would at present contain com- paratively small populations. But a rapid increase in the European population of the whole of New Zealand is taking place. 40. To each province that might be created, I propose that a Legislative Council should be given, to be called the Provincial Legislative Council. I propose that for the present those Councils should be constituted in the manner provided in the en- closed Ordinance, and that they should possess all the powers which that law confers upon them, although I think that certain alterations in their constitution and powers should shortly be made in the mode which I will presently explain. ■•' Auckland or New Ulster, AVellington, Nel^on, Canterbury, Otago. CONSTITUTION ACT. 25 41. I, perhaps, ought here to add that, in con- formity with the terms of the Charter and Royal Instructions, it is only provided in the Provincial Councils Ordinance, now transmitted to your Lord- ship, that those Councils shall not legislate upon the several subjects named in the Charter and In- structions, and in a subsequent despatch addressed to me by your Lordship. If this question was left entirely to my discretion I should, with a view of securing uniformity in the administration of justice throughcut the entire islands, prohibit the Provin- cial Councils, in addition to the other subjects named in the enclosed Ordinance, from making any laws For the establishment of any courts of judica- ture, criminal or civil, or for the alteration of the constitution of, or course of practice in, any such courts. And further, in order that the same punishment might attach to indictable offences throughout the whole of New Zealand, instead of enacting, as di- rected by your Lordship, and as has been done in the thirteenth section of the twenty-ninth clause, that it shall not be competent for the Provincial Council to make any law For inflicting the punishment of death or transportation for any crime or offence, I should wish to see it enacted that such Councils should not make any law For altering or affecting the criminal law of the colony, so far as relates to any felony, treason, or misdemeanour prosecuted by indictment or information. 42. If such a Legislative Council as I suggest is given to each province, and the members of it receive the payment proposed for their attendance, then annual sessions might be held at the capital of the province without inconvenience, and each of these Councils would possess the most ample, in fact all requisite powers of legislation for the regula- tion of all questions that could arise within a province ; and as the whole of the local revenues (except that portion which is required for general purposes, including the civil list,) is placed at the disposal of such Legislative bodies, there can be no doubt that the revenues of the country would be fairly and equitably applied throughout its whole extent. ^4 THE NEW ZEALAND 43. Legislative Councils of this nature appear to me to present great advantages in a country cir- cumstanced as New Zealand is. I will name a few of these advantages : Firstly. — They secure, in the only manner which T believe to be practicable in New Zealand, real local self-government throughout every part of these islands. Secondly. — If any questions of an exciting kind should arise between the European and native populations, the majority of the provinces, from the small number of natives in them, would have no great personal interest in such questions. Their inhabitants and legislatures could therefore form a dispassionate and unprejudiced opinion on such questions. Hence the general Govern- ment in pursuing such a line of policy towards the natives as justice and humanity might demand, could be certain that it would not be compelled to yield to momentary passions, pre- judice, or self-interest ; because there would be a large number of persons, and several regularly constituted legislative bodies, on whom it could rely for support. On the other hand, if the General Government, weakly yielding to public clamour and prejudice, was about to give effect to the momentary merely local popular will of any province by committing some act of injustice towards the natives, regularly constituted legisla- tive bodies would be in existence to give expression to their opinion, and thus check its action. Thirdly. -The constitution of such legislative bodies, which possessed such extensive powers of local legislation, would, for at least several years to come, render the frequent assembling of the General Legislature entirely unnecessary. Fourthly.— The powers of legislation of such Coun- cils being merely of a local nature, and being restricted in reference to general matters, a great difficulty is avoided; inasmuch as Ordinances passed by them need not be referred home for the Royal assent, but might, as is provided in the enclosed Ordinance, be either allowed or dis- allowed by the Governor-in-Chief. The question CONSTITUTION ACT. 25 therefore which relates to the transmission of all colonial laws for the allowance or disallowance of the Crown would be much narrowed; indeed it could only arise in reference to laws passed by the General Legislature; and as that body would so seldom meet, and the subjects reserved for its leofislation are so few, the probability is that it might never be thought of in as far as relates to New Zealand. Fifthly. — Such Provincial Legislative Councils would greatly increase the efficiency of the municipalities, by forming the proper bond of union between the several boroughs of any one province, which would then all be fitted as it were into one body politic, the action of the several parts and of the whole of which would be in entire harmony. 44. In my despatch, No. I'lo, of 24th October, 1850, transmitting the draft of the Provincial Councils Bill, and in the other despatches named in the margin,* I reported so fully upon the reasons which induced me to adopt the rate of franchise for electors named in the enclosed Ordinance, the principles of no express qualifications being re- quired for members of the Council, and of paying the estimated amount of their probable expenses, as also upon the reasons which led me to recommend that these Councils should only be elected for two years, that I do not think it necessary to trouble your lordship with a further explanation on these subjects. I therefore now pass on to the form of 'General Legislature which I would recommend for these islands. General Legislature. 4.5. A consideration of the enclosed Ordinance' and of the subjects of general interest on which it prohibits the Provincial Councils from legislating, reserving these for the General Legislature, will, I think, so clearly point out the necessity which exists for the creation of a General Legislature, that I do not think it necessary to advance any argu- ments in favour of the creation of such a body ; but * No. 106, 29th Nov., 1S48— No. 4, 2nd Feb.~No. 23, 15th March- No. 27, 22nd March, and No. 161, .30ih Nov., 1849. 2b THE NEW ZEALAND assuming it to be admitted that a General Legis- lature should be constituted for New Zealand, I shall proceed to point out how I think that body should be composed. 4(3. I think it should consist of — A Governor-in-Chief, appointed in the usual manner by the Crown ; of — A Legislative Council, elected in the manner recently suggested to me by your Lordship, that is, by the Provincial Councils, such a number of votes being allowed to each member of these Councils as to enable a minority to be at least in some degree represented : and, thirdly, of — A Representative Assembly, to be elected by voters, with exactly the same qualification as is required to be possessed by those who vote for the return of members of the Provincial Councils. I think, as it is proposed that the General Legis- lature should be so rarely assembled, it would be requisite that the members, both of the Legislative Council and of the House of Representatives, should be elected for a period of five years, 47. I have only within the last few days had an opportunity of perusing for the first time the Report of the Committee of the Board of Trade and Plan- tations on the proposed establishment of a Repre- sentative Legislature for the Cape of Good Hope, which your Lordship so kindly sent out to me ; and I beg to state, that I think the recommendations made in the twenty-sixth and twenty-seventh paragraphs of that Report regarding the powers to be given both to the Governor and Legislative Council to amend bills which may be sent up to them should be conferred upon the Governor-in- Chief and the Legislative Council of New Zealand, it the form of constitution I propose is introduced into this colony. 48. I have thus traced the general outline of the form of representative institutions which experience and reflection have led me to deem best suited to the circumstances of New Zealand. There yet, however, remains for me the duty of suggesting the form of Executive Government by which these institutions should be worked, and without a distinct exposition of which the proposed plan CONSTITUTION ACT. 2 7 could only be very imperfectly understood. In explaining my views on this subject it will be necessary for me to follow an order the reverse of that which I have adopted in explaining the con- stitution I propose for New Zealand ; that is» whilst I traced the institutions themselves up from the lowest order of municipality to the General Legislature, it will be necessary for me, in order to make myself clearly understood, to trace the Executive Government from the Governor-in-Chief downwards. General Executive Governvient. 4!). I propose that the General Executive Govern- ment should consist of a Governor-in-Chief nomi- nated by the Crown, a Civil Secretary, and either two or three principal officers, for the present nominated by the Crown, and holding permanent appointments. I am unable, until the system has been tested, to state the precise number of officers that may be necessary to conduct the business of the central Government, nor do I think it requisite to attempt to state how the personal staff of the Governor-in-Chief should be composed, or what establishment of clerks may be necessary for the principal officers. The number of such persons need at present only be very limited, and I presume that the cost of the central Government would for the present be paid from the civil list. •")0. The duties of the Governor-in-Chief would consist in corresponding with, and receiving all necessary instructions for his guidance in the government of these islands from her Majesty,, through one of her Majesty's principal Secretaries of State. He would also correspond through the Civil or Chief Secretarv with the officers adminis- tering the Government of the several Provinces, and within the limits fixed by the laws existing at the time, would prescribe to what extent it should be the duty of such officers to await his instructions before carrying into effect the powers by law vested in them. 'A. It would be immaterial in what province he might temporarily reside, as under the Provincial Council's Ordinance, his duties would in no w^ay 2 8 THE NEW ZEALAND interfere with those of the officer administering the government of the province. 52. I think also that the Governor-in-Chief should be the sole Commander-in-Chief in the New Zea- land Islands, and should alone have the power of issuing to the officer in command of the forces within these islands and their dependencies orders for the march and distribution of troops, the forma- tion and march of detachments and escorts, and generally for such military service as the safety and welfare of the colony may require. 53. I think, farther, that the Governor-in-Chief should alone be entrusted with the power of issuing orders regarding the temporary occupation of Crown lands for depasturing purposes ; that he should have the appointment of all officers having the con- trol or administration of the Crown lands, except such officers as might be appointed for these pur- poses by wardens or municipalities in accordance with the powers by law vested in them ; and I think also that the distribution of the Crown land revenue in the manner prescribed by law, either for emigration purposes or for the purpose of public works to be executed under the authority of the Pro- vincial Legislatures, should be made under the direction of the Governor-in-Chief. 54. In like manner 1 think that the expenditure of the civil list, and of such sums as may be reserved for purposes connected with the welfare of the native population should be made under the direction of the Governor-in-Chief, subject to such instructions as he may receive from time to time from the Secretary of State. He should also be allowed to exercise the power he at present pos- sesses of appointing Resident Magistrates and Native Assessors for the purpose of carrying out English laws in any district which from its large native population might, in his opinion, require the presence of such officers. 55. The Governor-in-Chief should also in my opinion alone have the power of making to Euro- peans grants for lands which may be claimed in virtue of alleged contracts between themselves and persons of the native race, the nature of the claim to which would differ from one which rested on a CONSTITUTION ACT. 29 purchase made from the Crown of part of its de- mesne lands. 1 think, farther, that the Governor- in-Chief should have the power of making, at his discretion, grants of land to persons of the native race, and of assuring to themselves and their heirs the uninterrupted possession of certain properties ; and that he should also alone have the power of making grants of the demesne lands of the Crown for public purposes. oO. Lastly, on this head, I think the Governor- in-Chief should, for the present, have all the powers regarding the confirmation or disallowance of Pro- vincial Ordinances which are conferred upon him by the enclosed Ordinance ; and should, in con- junction with the General Assembly of the islands, have the power of making and ordaining all such Laws and Ordinances as may be required for the peace, order, and good government of the New Zealand islands, which laws should be transmitted with the least possible delay for her Majesty's allowance or disallowance. .')7. I also propose that the Governor-in-Chief should have the power of dividing the colony into judicial districts for the purposes of the administra- tion of justice, of altering the limits of such dis- tricts, and of prescribing the places at which Cir- cuit Courts should be held ; and farther, that he should exercise all such powers as have been or may be conferred upon him by Ordinances made by the General Legislature of New Zealand. .")S. The Governor-in-Chief, conjointly with the General Legislature, would have the power of fixing by law the number and salaries of the officers em- ployed in the collection of those portions of the revenue which were collected under laws enacted by their authority ; and would in like manner fix the number and salaries of the officers who were to be employed in the survey and administration of the Crown Lands. 50. Under the existing laws of New Zealand, the Governor-in-Chief already possesses the whole of the powers which I have recommended should still be exercised by him. In many points, such as the appropriation of the land revenue, and of the sums reserved for native purposes, the issuing of orders 30 THE NEW ZEALAND for regulating the depasturing of sheep and cattle on waste lands of the Crown, the rate of remunera- tion to be given to the officers of the General Go- vernment, kc, &:c., the limits within which he should exercise the powers intrusted to him, would have by degrees to be adjusted by laws enacted by the Governor-in-Chief and General Assembly of these islands. But I do not apprehend that any serious difficulty will be experienced in adjusting these details. GO. I think also that in reserving these powers to the Governor-in-Chief, Great Britain would retain the means of promoting in every desirable way the interests and welfare of all her Majesty's subjects in these islands, to whatever race they belong. I do not think that, in justice to the native race who yielded the sovereignty of these islands to her ^Majesty, any of these powers ought for the present to be abandoned by the Crown. Nor do I think that the very great majority of her Majesty's sub- jects inhabiting New Zealand would desire for the present to see Great Britain relinquish these powers. But I think a wise foresight requires that the Crown, in retaining all necessary powers, should retain none that are not essentially necessary. From this proceeding would probably spring a great and lasting contentment amongst her Majesty's subjects in these islands, who, having a very large measure of freedom bestowed upon them, and being deprived of no privilege which was necessary for the free exercise of a system of local self government, would probably for a long series of years, cheerfully see vested in the hands of the Crown the powers which it alone could exercise for the good of all, and the possession of which by the Crown in no way interfered with the freedom or happiness of any class or community of its subjects. Having made these introductory remarks, I shall now proceed to the consideration of the form of Jixecutive Government which should, I think, be given to each of the Provinces into which it is pro- posed New Zealand should be divided. Provincial Executive Governments. CI. The terms of the New Zealand charter of 1846 CONSTITUTION ACT. 3 I compelled me, in the Provincial Councils Ordi- nance, to apply the term " Lieutenant-Governor " to the officer administering the government of each province. Had a discretion been left to myself, I should have designated such an officer by the term " Superintendent ;" and I would still recommend the adoption of this designation for the officer ad- ministering the government of a province. 02. I should now remark, that according to the original constitution of New Zealand, the Crown nominated one Governor, and the officers composing one general government for the whole of these islands. I propose still that it should exercise the same powers in the nomination of a Governor-in-. Chief, and that for the present it should continue to nominate the Officers of the General Government. But here, in addition to the observations I have already made upon the evils that may result from the Crown retaining unnecessary powers, I should observe that if the Crownnominates in these islands the Lieutenant-Governor or Superintendent of each Province, and all the officers composing the Execu- tive Government of the respective Provinces, to- gether with their establishments, and makes, as would in that case be necessary, their salaries a charge upon the civil list, it will create, throughout the entire New Zealand islands a multitude of officers who, in the event of their offices being abolished, when a freer system of institutions was introduced, would have a claim for compensation, and thus such serious difficulties would be inter- posed in the way of the introduction of any freer form of institutions into the islands of New Zealand, that 1 almost doubt if it would be possible subse- quently to introduce them without subjecting the country to a crisis which must materially affect its prosperity. Go. I would, therefore, earnestly recommend her ^Majesty's government, subject to the restrictions which I will