FURTHER PAPERS RELATIVE assent of the Assembly, if tho burden of self-protection against internal aggression has devolved upon the settlers themselves, there can be no doubt that Native Affairs ought to be placed preciselj oa the same footing as the other domestic affairs of the Colony. But if these data are denied, a question arises as to what right the Assembly lias to govern, and tax a race it does not represent, whose interests are not proved to be identical with those of its own constituents, to whose lands it has not a reversionary right, and against whom Her Ma-: jesty's Government is called on to protect the European settlers. It may also bo asked whether the Crown, having obtained the Sovereignty of the Islands certain conditions by which it is virtually understood to act as guardian to the Maori race, can now disclaim these engagements because they are onerous, and transfer its power and its duty to others. In making these observations, I desire distinctly to disclaim all distrust of the good intentions and benevolence of the Assembly towards the Maori race, which have been abundantly proved during the last Session. Still more do I disclaim all jealousy of the settlers. But I submit that two axioms have governed the proceedings of the colonists themselves and are constantly avowed. First.—That taxation without representation is tyranny ; —and second: —that the settlers of no one Province in New Zealand would for a moment tolerate that its affairs should be governed by those of another. But when the Constitution Act was framed, sufficient provision for the performance of its engagement by the Crown (viz., that if should act independently ag guardian of the Maori Race) was not made, and it remains to be seen what course ought now to be pursued. In the Bill which Your Grace introduced in the House of Lords great powers were given to the Governor and a Council to be nominated by the Crown, but it was provided that this Council should not be able to obtain funds or issue Crown Grants—which should be alienable in the usual manner —without the sanction of the Assembly. In other words, tho Council would have been altogether inoperative whenever the Assembly chose to withdraw its confidence and support. When it was known in the Colony that this Bill had been introduced to the House of Lords, a Member of the Assembly proposed certain Resolutions (copy of which is enclosed) upon which discussion ensued. The subject was then referred to a Joint Committee of both Houses, consisting of the gentlemen named in the margin. This Committee prepared another set of Resolutions, and I thought it my duty to communicate. my views in the Memorandum marked 3, The Committee made certain alterations, partially 1 meeting my views: their Resolutions were adopted by both Houses, and they were instructed to prepare a Bill. The period at which the Assembly must necessarily be dissolved being close at hand, I sent this Kill to tho House of Representatives in a Message (marked <5). During its passage through the House various were made, which were rejected by the Legislative Council. A Conference between the two Houses, was then agreed upon, after which the Bill was forwarded tq roe in its present shape. The provision in Section 111. that "no Minister of any Religious Denomination, Member of '■' the General Assembly, nor any Superintendent, nor any Member of any Provincial Council, " should be a Member of the said Council": the limitation to seven years attached to Section VIII., and two minor alterations in Section XII., (2 and 3) are notifications which were accepted by the. Legislative Counpil, and finally agreed to. At the moment when the Bill was about to pass,, another discussion arose and ended in the adoption of a Resolution (marked 6), in which the House of Representatives desired to know my views as to the control and Departmental Administration of Native affairs should Her Majesty be, pleased to assent to the Act then under consideration. In reply, I forwarded the accompanying Message (marked 7) by which Your Grace will perceive that should tins Act receive Her Majesty's assent, I propose that the "administration and " management of Native affairs should be placed on the same basis as the other Departments of " Goyeniment," $sc,, &c, " subject to the proper constitutional action of the Supreme Head of " the Executive: such constitutional action being understood to have the same interpretation as " regards Native affairs as in reference to other Imperial subjects." This last is explained in the Memorandum of 15th April, 1856, which was accepted by the Assembly and approved by Her Majesty's Government, viz.: "on matters affecting the Queen's Prerogative and Imperial interests " generally, the Governor will be happy to receive their (Ministers') advice, but when he differs " from them in opinion, he will, if they desire it, submit their views to Her Majesty's Secretary of State, adhering to his own until an answer is received. I have thus endeavoured to lay the case fully before your Grace in all its bearings. I have not altered the opinion I have already expressed, viz., that the Crown is the rightful guardian of the Maori race ; but if the Crown has not the means of acting in that capacity without aid from the Assembly of New Zealand, it is evident that any attempt to legislate in a manner not acceptable to that body must prove abortive. I should also add that it has for some time been- evident that the existing relations between the Governor and his Responsible Advisers on the subject of Native affairs are not satisfactory. I believe there has been little or no difference of opinion between myself apd Mr. Richmond, the Minister for Native Affairs, for whose ability and integrity I entertain the highest respect; but the responsibility for the conduct of Native Affairs has rested entirely on me, while, with exception of £7,000 a year (the appropriation of which I cannot alter without the consent of my Advisers), tho power of the purse, which is all but absolute, has been altogether in the hands of Ministers. This has been an unequal and unsatisfactory division.

E—No. 3

Legislative Council— Hon. Mr. Whitaker, „ Mr, Swainson, ~ Mr. Harris. House of Representatives Hon. Mr. Richmond, Mr. Fox, Mr. Sewcll,