Governance Correspondence




83

rently conclusive against immediately discontinuing the whole of the pecuniary assistance afforded by this country towards the civil expenditure of the colony, or reducing at once the military assistance now afforded it to an amount more nearly proportioned to the force maintained in other colonies of similar European population. But the same reasons apply with equal force against the immediate grant of a representative Government: since, whenever this is given, it must be considered as its indispensable accompaniment that the mother country should soon be relieved from all charge on account of the civil administration of the colony, as was pointed out in my Despatch of the 1st February, 1847, and should also be relieved from a very large portion of the burden of its military protection.

  1. With respect to the civil list, I have to call your attention to the legal authority under which it is reserved, in order that the provisions made by Parliament respecting it may be duly complied with. The Act of 1846 (9 and 10 Vic. ch. 103, Sec. 12) empowers the Queen to appropriate by letters patent a civil list not exceeding £6,000 per annum for each province. The letters patent issued under that Act accordingly reserve £6,000 per annum for each province. The instructions provide that the civil list so appropriated shall be applied "as the Lords of the Treasury shall direct."

  2. It is obvious that this provision will only become of real importance when a popular legislature shall be created, to which the power of controlling the whole public expenditure, except that portion reserved as a Civil List, will be entrusted. In the mean time, while the whole Colonial Revenue is appropriated by yourself, with the aid of a Legislature, nominated by the Crown, and acting under the directions of Her Majesty’s Government, with respect to the salaries to be assigned to the various public servants in the colony, it is practically immaterial which of these salaries are nominally charged upon the Civil List under the sanction of the Lords Commissioners of the Treasury. But while this matter is of little or no practical consequence, it is not the less necessary to avoid even any technical departure from the rules laid down by Parliament. Now the Act 11 Vict., c. 5, which suspends many other provisions of the Act and Letters Patent of 1846, does not suspend those relating to the Civil List. It appears, therefore, that they are still in force, and that they are not alterable except in the manner provided by that act:—viz., by the enactment of an Assembly framed under the Act of 1846. But as no such Assembly has been constituted, nor can be constituted while the powers given by the Act remain suspended, it would seem that the present temporary legislatures possess no power to alter them.

  3. On the other hand, the Ordinance of the 18th Nov., 1848, appears to assume that the existing temporary legislature has power to provide a Civil List (sections 23 and 24). As, however, it has in point of fact, only repeated the provisions already in force, and as these sections of the Ordinance may have been framed under a different view of the law from that which I have above suggested, I have not thought it necessary to delay the confirmation of the Ordinance on account of them. It is sufficient for me to have directed your attention to the circumstance. If the above view be correct, any alteration in the amount of the Civil List during the suspension of the Constitution, can only be effected by Parliament, or through an amendment of the Letters Patent by the Queen.

  4. But you will observe that, in any view, the "directions and appointments" of the Lords of the Treasury are necessary in order to legalize the appropriation of the Civil List. As no estimates of this part of the expenditure, distinct from the remainder of it, have hitherto reached me, I wish you to transmit them at your earliest convenience, with a view to procuring the Sanction of their Lordships to the appropriation thus authorized by yourself, which, under the circumstances, will satisfy substantially the words of chap. xi. of the Instructions.

  5. On the general question of the Civil List, my opinion is, that a representative legislature, when it comes into operation, ought to be as little fettered as possible by Parliamentary enactments in making such changes as may from time to time be required in the appropriation of the revenue.

  6. At the same time, I consider it to be indispensable that permanent provision should be made for the maintenance of the various establishments which have been created for the benefit of the natives. The fact that while the natives are large contributors to the revenue they must for some time have comparatively little influence in a representative legislature, affords, as you have observed, a conclusive reason for requiring that the discontinuance of an expenditure in which they are vitally interested without the consent of the Crown shall be effectually guarded against. With this view, I am of opinion that the existing local legislature should carefully consider what amount of permanent expenditure is required for the establishments in question, and for other objects connected with the interests of the natives, and should then pass Ordinances by which the amount of this expenditure should be charged upon the revenue of the colony in the same manner in which in this country various expenses on account of the Civil Government, which it is considered inconvenient to submit to annual discussion, have been charged by Parliament on the consolidated fund.

  7. Under the provisions of the Act of Parliament now in force, the existing legislature of New Zealand, although maintained only for a period, has full power to pass any Ordinances that may appear necessary for the general interests of the community.

  8. These Ordinances will continue in force when the authority of the body by which they have been passed shall cease to be available for further legislation: and though they will, of



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF New Ulster Gazette 1850, No 15





✨ LLM interpretation of page content

🏛️ Despatch from Earl Grey to Governor Grey (continued from previous page)

🏛️ Governance & Central Administration
23 December 1849
Despatch, Provincial Legislative Councils, Representative Government, Confirmation
  • Earl Grey
  • Governor Grey