Dunedin, Saturday, October 11th, 1851.

Otago Witness, Issue 21, 11 October 1851, Page 2

Dunedin, Saturday, October 11th, 1851.

Having exposed in our last number the manner in which several members of the Bench of Magistrates have deemed it consistent -with their duties as Magistrates to act in the administration of the laws of New Zealand, it is equally incumbent upon us to call the attention of the public to one of those laws, upon which the original decision of the case

referred to was founded, — we mean the Resident Magistrates Courts Ordinance. We quote the following :—: — "When any person shall be charged with larceny, and where the value of the property stolen shall not exceed twenty shillings, and where the circumstances of the case shall appear to any such Resident Magistrate or to any Justice of the Peace to be of so trivial a nature as to be unfit for prosecution, it shall be lawful for him to dismiss the case, although a felony may have been proved. "When any person shall be charged with larceny, and where the value of the property stolen sliall not exceed twenty shillings, it shall be lawful for any such Resident Magistrate, upon being satisfied of the value of such property, at his discretion to^hear and determine j such charge, and in case of conviction, to sentence the offender to be imprisoned for any period not exceeding six calendar months. Such adjudication shall not be invalidated, although it should subsequently be proved that the value of such property exceeded the aforesaid limits." And by other clauses power is given to decide in civil cases to the extent of £20, and the whole of the cases which can come before a Bench of Magistrates. It is not the extent of these powers that we object to, but of thei J e being no appeal whatever from the decision of the Resident Magistrate (for such has been the law laid down here) ; so that in fact power over the liberties of every man in Otago to the extent of imprisonment with hard labour for six months, and over his purse to the extent of £'20, is entrusted to the whim of one individual. We say the " whim" of an individual, because the law is so framed that he is at liberty to dismiss the case, even though proved, or to convict upon the most trifling evidence, for there are no safe-guards or restrictions placed upon what he may please to believe. In viewing this subject, therefore, — though commenting upon the principle of entrusting such extensive powers a3 the irrevocable decision of guilt or innocence of every member of the coirmunity to one man, — we are bound to i look to what may be the moral charac- " ter of that individual, and what possible contingency may arise by submitting to that arbitrary principle. Let us suppose that instead of the present highly honorable and truthful (!) Governor of New Zealand, we were ruled over by a despot, whose only aim was arbitrary government, and who was indifferent as to the means to accomplish that end, willing to disregard the moral proceedings of his inferiors, provided they supported him in his particular views. Let us suppose that in. stead of the illustrious gentleman who now holds the appointment of Resident Magistrate in this settlement, that office were filled -by a needy place-hunter, who was willing to accept a bribe in any other form as well as that of a Government appointment : a man, perhaps, promoted from an inferior office in the police establishment for questionable services rendered, whose education had been finished, and his morals acquired, perhaps, in a penal colony ; a man who disregarded Christian piety and the obligations of the Sabbath, and who sought to belie the community he lived amongst. What, we say, would be our hazard from such an office being held by such a man ? and, indeed, it would be no difficult task to point out amongst bygone officials of colonial goverment such an one. Who will say to what extent justice might be perverted to gratify private friendship, or indulge in a favorite vice. In the e}-e of such a man virtue would be an offence : and yet this is what the community are subject to in retaining this an office with these powers. We do not say there is any probability of the picture we have drawn being exhibited in Otago; but it is the duty of the public to guard against possibilities. And what can be said in its favour when an unpaid magistracy can do the duties ? There are few of our readers who will regard the prospective expenditure of £500 of our revenue as a compensation to its evils ; and we know of no other advantage, real or imaginary. But how has this office crept in amongst the arbitrary institutions of the colony ? It is

clear that it has been imported from the penal colonies, where, to secure the guilty, the innocent must loose part of their freedom.. And this is one of the many reasons we object to convict labour ; and to this cause may also be traced the constant struggle in these colonies where it exists to get rid of the nuisance. Let it be distinctly understood by our readers, that we do not object to a paid Magistracy where it can be afforded, and where the press of business requires it ; but in our present state, with, a mere village population, it j is an absurdity. But were a paid Magistracy necessary, the granting of such extensive powerto one man as a decision without appeal that involves 6 months' imprisonment, and a stigma for life, is fraught with danger. An upright man might be condemned, though innocent, and the guilty escape, without wilful injustice, for Magistrates are but mortal, and liable to errors of judgment. There has been so little crime in our settlement that this subject has never attracted attention, and many were not aware of the law : but now the matter is before them, and we trust the Otago settlei;s will exert themselves and get this dangerous office and intended burden upon the public revenue abolished.

The Statement of Revenue and Expenditure at Otago for last quarter is before us. The document, like all of its class, seems to be published because the law compels it ; but certainly it is not meant to be understood by the public. What is the meaning of "Surcharges?" Have the Government, like cabmen, been asking more than their fare ? If so, we are glad they have had the honesty to account for it. What, again, are "Deposits not available?" We really wish they would be more explicit in these matters. " Deposits not available "" — to pay salaries, of course. We fancy we see the dejected countenance of the Attorney- General on reading this item : £5r.)25 r .)2 135., and " not available ! " Perhaps, however, he will console himself with the reflection that if it is not available here, it may be made so at the North. But we fear this prudent functionary, who no doubt feels a fatherly anxiety for the subs because of the probable withdrawal of the Parliamentary Grant of £30,000, will be very much disappointed indeed ; for we believe the item has reference to intestate estates, &c. ; but this is only a guess. If we are right in our surmises, why is it put forward as revenue, unless to deceive the unwary, and give an air of prospeiity in some measure to take off the ugly appearance of the woeful deficiency which is occurring, and must soon be apparent in the revenue of this settlement with its present excessive burdens ? 'i he fact is, that the whole affair is so carefully confused, that any person at a distance, and few of those on the spot, can for a moment make out how the settlement stands. The Audi-tor-General, who receives a salary of £400 a year to look after these matters, must either know nothing of accounts or be acting on the same laudable principle of keeping up the spirits of the colonists, by nol letting them see. the worst side of affairs. What can these periodical statements be called ? Statements of Revenue and Expenditure they are not ; for many items forming no part of the revenue are admitted. Neither are they cash-accounts, for no balance is brought forward ; in fact, none is struck. We can account for this want of knowledge of the commonest rules of accounts, both amongst the heads of departments, and their inferiors, when the system of the Attorney-General is pursued (i.e., the palming of useless or ignorant officials upon every new settlement) : ignorant they must be, when they are promoted from one office to another which requires altogether a different training; and, consequently, we find a newlypromoted official" going to school, and taking lessons how to act in his new capacity. One of these promotions is so absurd, that it would bear a close analogy to the practice at home if the stepping-stone to the Lord Chancellor- i

ship of Britain were a corporalcy in the metropolitan police force. We will tnrn from the method of the statement to the matter of it. The following articles under the head of Customs present a decrease this quarter in the following proportion : — Decrease on present Quarter compared with Quarter ending 30th June, 1851. Spirits £59 16 7 Tobacco 2 l' 4 0 Ad valorem duty 139 4 0 Decrease on present Quarter compared with corresponding Quarter ending 30th September, 1850. Spirits £9 0 0 Tobacco 0 13 0 Ad valorem duty 101 18 8 Shewing a decrease in this most important source of revenue, after adding £6 ss. 9d., " Crown's share of seizures" — of £195 Bs. lOd. on last quarter, and £105 ss. lid. on the corresponding quarter of last year. The items under the head Fees have increased £1 10s. 6d, on the corresponding quarter of last year, and decreased £29 I4s. (3d. on the last quarter, but the tax on dogs was included in that quarter's account. The Fines have decreased L.*2 ss. on last quarter, and L.I ss. on the corresponding quarter in last year ; in fact, the whole amount of fines for the quarter is only ss. This speaks volumes in favour of the character of the Otago colonists. The Post Office Collections have increased L.4 15s. on last quarter, but decreased L.IO 15s. 3d. on the corresponding quarter of last year. There is but little difference in the item of copies of Ordinances sold ; but still it is a decrease. To the item of Sur. charges we find no corresponding entry. The whole statement stands thus : there lias been a decrease of receipts from all sources of revenue of L.325 17 sd. on the last quarter, and L.109 on the corresponding quarter of the last year ; while, un the opposite side of the account, the expenditure has increased from L.GO 6 os. Bd. in September 1850, to L.712 13s. 2d. in June 1851, and to L.6-14 4s. Id. at the present time. In making these calculations we have deducted the Interest on Debentures, and the sums paid for the erection of the Jetty and Hospital. But this statement does not shew the actual deficiency now occurring, for there has been an increase of salary to one official, and the appointment of another. Besides, the duty is nowrepealed on several articles upon which a chief portion of the revenue was obtained. There is therefore every pro. bability that the receipts will greatly decrease, and yet we are threatened with the creation of several sinecure officers for the supporters 0? despotism. Every genuine settler must deeply regret this extravagant waste of money on Police to detect crime, and Courts to punish it, where no crime exists. How different would have been the aspect of the colony if that money had been spent on roads and public works, instead of maintaining a government distasteful to the community, who are perfectly able and desirous of governing themselves. That Sir George Grey can persevere in this system in the face of a vigorous opposition is impossible ; it therefore only remains for the colonist not to stand idlely by while others fight their battle, but to bestir themselves in right earnest, and they will be sure of victory.