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No. 77.
Copy of a Despatch from Governor Sir George Grey to his Grace the Duke of Newcastle.
My Lord Duke,—
Adverting to my Despatches Nos. 4 and 7, of the 8th and 9th ultimo, regarding Crown titles for land being under certain circumstances granted to Native owners, I beg to state that I thought it my duty particularly to draw the attention of the New Zealand Ministers to the opinions I had therein expressed: they have consequently drawn up the enclosed memorandum on the subject, which I transmit for your Grace's information. The Ministers appear inclined to think that the General Assembly of these Islands will not disapprove, under all the circumstances, of the course which I have recommended should be adopted.
I have, &c.,
G. Grey.
His Grace the Duke of Newcastle, K.G., &c.
Enclosure.
Minute by Ministers.
Ministers have carefully considered the two despatches of the 8th and 9th January, 1862, addressed by His Excellency to Her Majesty's Principal Secretary of State for the Colonies, which His Excellency has submitted to them. The General Assembly is likely to be at all times jealous of an appeal to the Imperial Parliament for legislation on subjects on which, it has not been consulted, particularly if they should happen to be such as it may conceive to fall within its own legislative jurisdiction. It may be questionable whether some of the powers which His Excellency seeks to have conferred, by the Imperial Parliament could not be conferred by the Assembly, and might be so conferred at as early a date as by Parliament. Speaking cautiously, however, and on the supposition that the Act of Parliament will not in any particulars extend beyond the limits specified by His Excellency particularly that no power shall be given of making special grants to Europeans unless as trustees for such Native objects as His Excellency proposes to meet, and that the powers conferred shall be exercised (as His Excellency suggests) only by the Governor with the advice of his Executive Council, Ministers are inclined to think that the course pursued will meet the general approval of the Assembly.
William Fox..