WHIRLWIND CASE.

Auckland Examiner, Volume IV, Issue 274, 20 June 1860, Page 2

WHIRLWIND CASE.

(To Editor of Auckland Examiner.)

Sir.—lt is six months since I wrote you on the above subject. The correspondence during that period appears to me to be of great importance—not only as regards the case itself, but as shew ing clearly “how we are governed ” in this Colony—how our privileges as British subjects are deliberately taken from us by the exercise of arbitrary tyrannical rule ; and how cavalierly and insultingly we are treated when we seek injus ice—redress. I’lte proceedings of Government in their wandering, unstable, contradictory confusion, look more like the maundcrings of guilty consciousness, than the fixed purpose and bold action of accountable and responsible beings conscious of rectitude. In order that those who have, in the abstraction necessary in attending to their own business, for-

gotten m part what the “ tn order that those who have arrived . m,y.understand it, 1 wou)d b > J ttnuatton of the correspondence by ment. lam precluded from making o ' l it,, of consequence because that m i ßhl ? ?"? ten,., m those proceedings which the o u(r lh 4 of the Government now compel rnef„ ,’W nest des, the case is not mine alo lle b ' ’S'-Am —first, the other complaining „ llla ' al J "Whirlwind,” second, of all j nt “ p 1 and third of the world at large, e mi S r a J,, ridden but very (praiseworthy?) Lof New Zealand in particular. Thj/"' Col °tiisL however remark, viz., that if tI, P n rnucI ‘ ImJ bly does not take up the subject W< t.ve of any proceedings), anfl demand J and eveff reparation, then my faithj n a * ls % be on a par with my faith in Colonial fi S»il| Statement. oVc,t| tnetit. I accuse the Government of havino ■ law—the “ Passengers Act,” j n sa J '’"’'Mu, in appointing “a person ” to prosecJVM of the ship “ Whirlwind," coL and V l,e < directions in relation to the exeX rity from the Superintendent, as relit;,, "’’W the conduct of Immigration selves to give directions as regards th. l?S--currcd to the Crown,—thus dividing ad - lla ! ,ie, ii. and consequent control for which th. 'p' 1 ' 0 "M did not possess the slightest authority-! j mselr fi officer, flte “ person "—under two 11,1 General Government and the Sup er i nt . n he ought to have been left perfectly n" ™' and this is beyond dispute even by theG • tl!i ’ —(and has never been disputed) becan themselves, the Attorney-General vi? SC °’ e 'I Governor; as follows: ’ 't Wr °lel b . 27th February. “An officer bavins ben.4 1 ■ cd under the statute for the purpose the Passengers Act, 1858, into exeution tn' ! ' i " ! cer acts on his own responsibility, and awo7 * his own discretion, and the Governor d ' terfere personally unless an inquiry intoT’ 1 potency ormisconduct of that officer be tteen't'* The consequence of this violationofn, ?'' was,'that the statutory officer, by the means ’’ Merriman—the law agent thrust upon him h Superintendent in virtue of powers illeeallvA’o > by the General Government—deceived the n gers by repeatedly solemnly assuring tbei ’ll"' their case would be thoroughly brought h e f or .T court without fail and in good time; and af let ',7 when it was too late for the passengers total . tiqn effectively, each at his own instance as am’ 1 powered by statute, he informed them tlut c vernment had fixed to prosecute forpenalliesloH, Crown only !

I accuse the Attorney-General of taking a J, ail tage of his position as legal adviser of the Gohl nor—to abuse the case to His Excellency, in so f. as he misrepresented my complaint, blamed mefor not doing that which his own illegal act as one of the Ministry prevented me from doing, 1 him of writing me not in reply to my letters ad dressed to him but in reply to imaginary letters coined in his own brain to suit his evident mmoss of staving off (which is all he dared to do) by a || and any means—an inquiry and consequent punishmerit.

I accuse him of gross misconduct as Attorney. Genera], in so far as he writes me, that “ Govern, ment had already called upon the statutory officer for explanation and that such explanation wassatisfactory ” —for—any inquiry unless conducted in presence of the complainant with liberty to him to cross question...was contrary to law—a mockery of justice, and an insult to common sense. I accuse him of contemptuously and illegally withholding from me when asked the “ground! upon which the Governinei.twas satisficd|ofcondud of the statutory oflicer,” (or pretended to be satis* fied) which is equivalent to insultingly defyiogaa applicant for justice. How far I am justified in making these serious accusations will be evidenced in the following correspondence. I shall omit the ceremonious portions of all (lie 'letters —as only occupying your space for no useful purpose. T. Turnbull to the Governor, 18th Jan., 1860.

I feel sorry that I should again be compelled Io trouble your Excellency in the “ Whirlwind"case, regarding which I had the honor of addressing you on the 22nd November last, but as that affair has assumed an entirely new aspect in consequence of what has been disclosed in a portion of the cor* respondence between the executive of the Genera Government and his Honor the Superintendent, 1 would earnestly beg to draw your Excelleicy careful consideration to what fallows, andcraveiedress. . By one of the provisions of the Imperial statue entitled the “ Passengers Act,” the Governors o Colonies are required to appoint “a person to prosecute flie masters of vessels for penalties to e Crown as well as to passengers. Ihe sta u e ° not state that this person shall take directions ro any one, on the contrary, it points out a cours be pursued which is laid down in terms 8° ex| •• simple, and clear as to render al further unnecessary, even from the highest an io ther at home or in the Colonies; and i pear that no interference short of orde s can be lawful. , . .„ 11/ovnr (he In the case of the “Whirlwind, ' » f executive of the General G°ve rl ’ men your Excellency, appointed the Co « ( hj(( toms to act; but, notwithstanding ' f jaslt had the honor of just stating, the same time, written to, as follows.— . “ I am to inlorm you that the c merely to the conduct of Imniigra 1 . furred to the Superintendent ofth - whose directions you are to conl< ’™ ?. „j (I (be lation to the exercise of your aulho J Passengers Act." ~ njjrti. (Signed) ' ’ It would appear, therefore, t * ,at plicril vernment have made a mistake an taUthi>mthe Collector of Customs in a P os “'" ‘ .| ia(e b«» ed by the statute, and the conscqu ... vern mti>l very serious indeed ; for the I rovinc ”, • i, | (a sdd ( ’ have very much abused the powc'' ( j )e — gated to them, and not only P ra ' c . j ||u-lfiw n gers from obtaing justice, ba a ] sll h«r» ni " of a bearing of their case; and he ij)g yial en the occasion and necessity Excellency by solicitingjedreis. I am, air, Yours truly, vll . Tnos. I”'" Onehunga, 14th June, 1860. (To be continued in our tuextj