intended to establish five Provinces accordingly, making, however, provision
for the creation of additional Provinces
by the authority of the Legislature, if
this should hereafter become necessary,
owing to the formation of new settlements.

10. It is intended that it should be
    left to yourself to define the limits of
    these provinces, subject to this general
    rule, which is not contained in the heads
    of the bill, but to be followed by yourself
    as a guide in the exercise of this power:
    that they are to extend only over the
    portions of the islands occupied by Europeans; reserving, however, a power of
    gradually extending their boundaries,
    as this may become necessary, by the
    settlement of the country.

11. It appears to Her Majesty’s Government that the remaining region,
    still of comparatively far greater extent,
    which is occupied by natives only, or almost entirely, ought, for various reasons,
    which will more distinctly appear in the
    course of this despatch, to be left under
    the control of the General Legislature
    alone; though, hereafter, the limits of
    the territory comprised in Provinces will
    probably require to be from time to time
    enlarged.

12. With respect to the powers to be
    entrusted to these Provincial Councils, I
    am disposed, for my own part, to believe,
    (notwithstanding the alteration which
    you state to have taken place in your own
    views on this point) that in the progress
    of events, as colonization extends, and
    the several settlements are drawn nearer
    to each other in boundaries and interests,
    they will very probably assume more and
    more of a municipal character, while the
    functions of the General Legislature will
    increase. But I do not think it would
    be advisable to introduce any special
    provision either to accelerate or retard
    such a gradual change. Anticipations as
    to the course which political affairs may
    hereafter take are everywhere liable to
    be disturbed by many unforeseen events,
    and most of all in new and advancing
    societies. Hence it seems to be the
    wisest course to rest satisfied with adapting the institutions which are to be established, as well as may be practicable,
    to the existing state of things, leaving
    their future development, and the alterations which a change of circumstances
    may hereafter require, to be effected by
    the local authorities thus created.

13. Without seeking, therefore, to determine whether the course of events will
    lead to an extension or restriction of the
    powers now about to be conferred on the
    Provincial Councils, it is proposed for the
    present to confer upon them a general
    power of legislation, subject to certain
    specified exceptions which will be the
    same, or nearly so, as those established
    in your Provincial Councils’ Ordinance.
    The powers of the General Legislature
    on the other hand, it is intended not to
    limit to any particular subjects. Its
    enactments alone would thus have the
    force of law on the subjects reserved to
    it, and they would also have paramount
    and superseding force on all those other
    subjects over which both it and the Local Legislatures are meant to have authority. By this arrangement no conflict
    of powers can arise, since that of the
    General Legislature will always prevail
    whenever it may be exerted, and it will
    be left to experience, and to the judgment of the colonists themselves, to determine to what extent the power should
    be used and this action of the subordinate Legislatures consequently restricted.

Extract from a despatch addressed by
Earl Grey to Governor Sir C. A. FitzRoy, dated August 30th, 1850:—

“13. The effect of sections 13, 17, and
18, is to give the legislature a considerably increased control over that part of
the colonial expenditure now charged on
what is called the Civil List. The Legislatures will have the power to alter,
by Acts passed for that purpose, all or
any of the sums specified in the schedules. In the case of these alterations
affecting the salary of the Governor, or
the appropriation for public worship,
it is required by the present Act of Parliament that the Colonial Acts should be
reserved for the signification of Her
Majesty’s pleasure.

“14. In the former Act there was a
power given to the Governor, by the 38th
section, of varying the sum appropriated
to the purposes of Schedule B., and the
savings accruing from such alteration
were exempted from the control of the
Legislative Council. This latter proviso
has been omitted in the present Act, as
there appeared to be no sufficient reason
why the ordinary power of the legislative
body should not extend to these particular savings.

“15. This extension of the authority of
the legislature has been rendered expedient in the view of Her Majesty’s Government, by the evidence of the hitherto
successful progress of constitutional
government. The manner in which the