THE SOUTHERN CROSS. Tuesday, September 4, 1855.

Daily Southern Cross, Volume XII, Issue 854, 4 September 1855, Page 2

THE SOUTHERN CROSS. Tuesday, September 4, 1855.

LUCBO NON TJRO. ,"Jf I hare been extinguwhed, yet there riw A thouiund beacon* from the spark I bore

Wfi lay before our readers the reply of the Provincial Council to the Superintendent's opening address. They certainly have taken their time in composing it) it must also be admitted that, like the gestation of the lion, or the flowering of the aloe, the product has been proportionate to the delay. The Superintendent, in his address, had rao*t carefully avoided every topic that might awaken angry feeliugs in the Council, or afford the slightest opening for an intemperate reply. Knowing that a dissolution must shortly take place, he wished at least t» save appearances, for the credit of the Auckland Province; to p>rt from his Council, ■ — if not on terms of cordiality, at lea-it on terms of courtesy But the animosity of the Council was not to be appeased. It rose to the boiling point, and at last found vent in a piece of composition, which, for violence, and opeu dofiance of facts, it would be hard to matoh. We are sorry, for the sake of the Province, that such a document should have appeared: fur it will lower us seriously in the estimation of the neighbouring colonies Bur, if immediate advantage only were considered, we should have hailed it with feelings of unmixed satisfaction. It will influence the coming election to an extent

tint none but .tl»e wbo have made a study of "public feeling".* uld suppose. It will tell against themselves alone,- 1 rfor violence of attack, in this community, • is al rays followed by reaction j it will be the loss o - many a score of votes to Mr. Whitaker, whose ause it was intended to serve. How the Council could hay« been so wanting in tact —how tbej could have committed so glaring a political ernr, is matter of surprise, even to ourselves, who lave never considered them afl Solons. But, tha^they should have risked assertions which are certain to be disproved — to be utterly overthrow , is what we could never have believed, but front ocular demonstration. This, to us, seems nothi lg less than midsummer madness. Had not the Council been blinded with animosity, they woulq have accepted the olive branch when it was tendered by his Honour. Let U 9 briefly review the question. The Superintendent, aware that a dissolution was about to take, place — that he and his Council were about to part company for ever, endeavoured, for the credit of tbe Province, to save appearances. He opened the Council with an addiess in whuh every topic that eonld raise discussion was studiously avoided,— in fact, with an invitation to peace. Theaddresswasso worded that the Council could not, without going altogether beyond the forms of order, return more than a forma! an 1 innocuous reply. But what were forms of cder to them ? Being minded to assail, they hroke through every form, and iudited a reply which was not a reply to the address, but a general dissertation upon whatever they, were' minded to find fault with; And this, in a style and tune which we shall merely call indecent 5 though there be & homely English term by which the documeot migLt fee more fitly characterized Two members of the Provincial Council, T and only two — Messrs. Taylor and Busby, are unimplicated with this reply : the latter, though fi.r the most part a bitter political opponent to the Provincial Government, declining, through self | respect, to become a party to it. It will be remembered tbat in the last Session, the Council took upon themselves to alter tbe specific service for which the Superintendent had 1 recommended a certain apppropriation. His Honour informed them, that he believed this to be a breach of the Constitution Act ; tbat in deference to the opinion of the acting Attorney GeDcral, he would not disallow the bill ; but that hejwouldjObtain a legal opinion from England. The Council perceived tbat they had gone a little too far,, and informed tbe Superintendent, by address,, tbat the alteration had been 'inadvertenth' made. And this, in the Pace of the fact, that the alteration had been debated, upon legal grounds. This was pretty well to begin with. But the Council, by* practice, gatheis confideace in asse.tion, viresque acquirit eundo. The nature of-these statements will be at once apparent to any one shall compare the reply with the Superintendent's address to Lis constituents. Nevertheless, we cannot rermit them to pass entirely without notice. The Superintendent had i»formed his ci as' it - ents that he had invited Dr. Campbell to take a seat in the Executive, because that gentleman was 'one of the few whom he could ask to accept a merely provisional appointment/ But what say the Provincial councillors ? all save two. We do not lelieve you. Sir ; your obvious intention was to ieep tin* Government of the Province, «a far as possible, in the hands of tnose connected with your Honour as partners in your mercantile concerns. We had never supposed that the Council were likely to be guided by the dictates of good taste ; but we had never believed that they could descend to ab aspersion such as this. The Council g'veseveial reasons in support of having voted the supples for three months onl\ . They thought it necessary to oblige the Superintendent to call the Legislature together again, within a short perfod of time. Firstly, because he had adopted his predece.sors estimates, for wan 6 of time to recast them, though a t altogether approving of them. But, they seem to forget, that these very estimates had been already appro* ved of, in a former Session, by themselves. And' secondly, because his Honour had avowed his in - terition ofpresently laying before them a 'schem e of policy/ Being in ignorance of this polity, (which, nevertheless, they treat as 'a revolution in Provincial affairs/) they do not think it safe to allow the means of carrying on the Government for nine months, without meeting the Council. The argument is self contradictory. Th«j Superintendent, by their own admission, was tolay the scheme before them ; but how could he do so without meeting them ? Moreover, he bad promised in his opening address, to meet them again without delay ; but the Council, with their usual politeness, decliued to take his )lonour'» word for that. His Honour had also stated, that he disapproved of Provincial revolutions. The Council, however, are pleased t» disbelieve him ; and treat, tbat very scheme, which they complain of knowing nothing about, as revolutionary.. The Superintendent attaches one meaning tothe phrase ; the Council, with iuexplieable perversity, attach another. But, even allowing them the benefit of th ir own interpretation, their argument is no batter than before. For it is clear, that the Superintendent could not introdu ce a scheme involving essential changes, unless by legislative enactment. Where then was the necessity for restricting the period of supply ? The Council take upon themselves to affirm that his Honour's estimate of expenditure for certain public works was based " on mere.conjecture." Yet, how could they know the truth of what they affirm so confidently ? It does so happen that the preparation of tbat estimate had cost an amount of- patient labour, which, were it tnea^ sured by hours, would excite not a little surprise^ The Council treat the long adjournment as "an, ordinary proceeding of the Legislative body." Arethey unaware that the House of Commons cunn< fc adjourn for longer than fourteen days, without becoming liable to interference on the part of theQueen. With regard to what they term a thr«at x on tbe part of the Superintendent, it suffices to. observe that there has existed, for some time past in Auckland, a sort of determination to be "threatened." We might be ablt to supply a fe\r curious instances of what seems to have become the fashion — for the nonce. The Council raise the old cry tbat his Honour did not make payments to the Waste Land Board, on the authority of a resolution passed by themselves. The old, but sufficient answer must be returned, — that the Council refused to find the money, wheiewith i-uch payments could be made. The next assertion of the Council fills us with, unmixed stonishment. They assert that his Honor has treitod "as nullities deliberate Act 3 of the Provincial Legislature and of the General Assembly ;" and that he has acted "on an opinion, (now overruled by Imperial authority,) that neither the General Assembly of New Zealand, nor the Provine : al Council of Auckland, is competent to create a corporation " The faofc is precisely the contrary to that which they assert. The £nperintend?nt has acted on no gUoh opinion, :.nd lias pu 1 ely declared so, '£[ot-

withstanding the c\tsx UlegaHtj of many Provin*fcial Acts, and the .[doubtful validity of dftrtaia* Acts of the Assembly, he baa accepted aft, as Hw.Nor is it even true that the "opinion" has been overruled b> Imperial authority That Act of the Assembly, und^r which the Superintendent, for certain purposes, is created a corporation^- is not among those Acts which have been confirmed by the Home Government. It has been simply '•left to its operation," and may be disallowed; any time within two years from its date. Acts a.re "left to their operation," either when they j are of too trifling a nature for the consideration of the Home Government, or when suspicion attache* to them. The Home Govern men tdo not commit themselves "by confirmation, yet do not j wish, exoept in glaring cases, to risk the racing j of discontent, by absolutely disallowing. j The simple answer to the strictures «f the j Council, concerning the appointment of the Waste Land Board stuff, is the official correspondence with the General Government on the subject, j published by his Honour, the Provincial Gasette. We have neither time nor space to complete the analysis of the reply. We pass forward at once to the conclusion, which is a climax. The j Council say that they will not address Her Majesty's repies-entative, praying for his Honour s removal from the office of Superintendent, because, j *it would not be consistent with that moderation which has hitherto characterized their proceedings; but prefer requesting a dissolution of the Provincial Council. This to a mere mockery. The Council t know j full well that it is not the Government, bufcfaeß . Majesty, who has power to remove after 'the three first months of the Supeiintendcncy shall have elaps-ed. And as to dissolution, every effort has been made to avert it. Now that it has bco me inevitable, they make a virtue of necessity. <ifee Council have done themselves much mischieTby this reply. It is already a lienating from them many who have been friends, but who now are angered by the acrimonious spirit which, it breathes in almost every Hue. It will be used against them at the next election, with telling force. "But the Council have been shortsighted throughout. They could not see the fair-play feeling rising against them over all the Country. They could not perceive that their true electioneering policy, during the present Session, was to endeavour to atone for the last.

We, the Prormcial Council of the Province of Auckland, tender our thanks to your Honor for the Address with which you have opened the fourth session of the Provincial Council. We are gratified to learn that the favourable expectations of the Revenue entertained by your Honor's predecessor in office have been more than realised. The borrowing of money, which your Honor appears to consider indispensable, is a subject which, under the present circumstances, requires and shall receive our most serious and attentive consideration. A season unusually favourable for carrying on the public works has afforded an opportunity for pushing them forward with energy and success, and we are glad to be info mcd by your Honor that you have not lost sight of a of so much importance. W The Council would gladly have rested here and added nothing to the formal address, with which upon ordinary occasions it has been customary to acknowledge the Superintendent's opening speech; but they feel called upon to devote, on this occasion, from the usual practice, as the views that have been expressed, and the course that has been Liken by your Honor in the administration of the Government, involve a condemnation of the proceedings of this Council, and they are anxious to take this the earliest and most convenient opportunity of vindicating themselves from y ur Honor's censures. It appears from a correspondence, published by your Honor in the ' Provincial Government Gazette,' that on tl.e 2nd of May last, since the adjournment and prorogation of the Council, your Honor applied to His Excellency ih • Officer administering the Government for a dissolution cf tie Provincial Council, in consequence of the un*a'i.--f*c ory relations which your Honor stated to exist between t'.ie Council and yourself. That application was based on q oun-is which are thus stated by your Honor : — V _ _ " Firstly — That I have not the means of forming a suitable Executive Council • out of twenty-four members, there are but two upon whose support I can depend ; one of these has already declined a seat at the Execut.ve Board; the other, although he has enabled me to comply with the 1 w, requiring one member at least of the Executive to be chosen from among the Provincial Council is unwilling to carry on even the formal duties of an Executive officer during anothtr session. " Secondly —That a material portion of the supplies have been voted, not until the termination of the current year, but only until the last day of June ; to the detriment, as I believe, of the Public Service. 11 Thirdly — That the Provincial Council, notwithstanding a resolution agreed to by themselves, that they were "re idy at once to enter on the consideration of any busjkte s which in his Honor's opinion the public interests re4»re should be disposed of without delay," hare separated, leaving, without consideration, measures of pressing neeesa'ty which I had laid before them " Fourthly— That they hare separated by meant of a .•Jong adjournment, notwithstanding the intimation conveyed i 1 my Message No. 29, that long adjournment* were object'onable, and that it was my intention to attend at the Council Chamber for the purpose of prorogation, so soon as the state of the public business would allow; andno"with'tanding my intimation, conveyed through the hon. member representing the Executive, that the long adjournment w raid be considered as an act of defiance. " Fifthly — Because the Provincial Council, by resorting to the expedient of a long adjournment, have disenabled me from meeting them to prorogue in person ; leaving me no means of proroguing, except by proclama'ion." In reply to these statements, this Council observes : — Firstly— That, so far as this Council are informed, your Honor never proposed to confer any one of the four seats, in the Executive Council of the Province, on any other than on Dr. Campbell (whe is not a member of the Provincial Council) on Mr. Mitchell, and in order " to comply with the law," on Mr. Taylor,— thereby, in on a of your Honor's first acts— the appointment of an Executive — and even before the meeting of this Council, exhibiting a want of confidence in the members generally, an obvious intention to keep the Government of the Province, as much as possible, in the Hands of t tose connected with your Honor as partners in your mercantile concerns. Secondly— That in the month of January last this Co incil, having in view the then pending election of Superintendent, laid down, without reference to indi--vidnals, the principle that supplies should only be TOtei temporarily until the chief Executive officer should have placed his views before the Provincial Council, and the operation of the Appropriation Act was limited to the 81st of March accordingly ; — that your Honor, in your address at the opening of the following session,* stated that you' had " found it impos sible'within the time allowed to re-cast the appropria.^iions,'* and theref »re " deemed it advisable to adopt those which had been already considered and passed for the first three months of the present year;" — and further, that your Honor only required access to official documents to lay before the Council a " scheme of poJicy " which you had " long since drawn in outline " Under such circumstances, this Council came to the conclusion that they could not be expected, by voting •upplies for nine months, to reverse, without any apparent reason, the course which they had deliberately resolved to pursue, as founded on a Bound and useful principle— and that, as representatives of the people and guardians of the public purse, it would not be justifiable in them, while yet in ignorance of the " policy " upon whii-h your Honor proposed to proceed, to place in the hands of the Executive the power to carry on the Government of the Province for so long a period as asked for, without calling together the Legislature ; and that, too, with money appropriations of which your Honor did not altogether approve, but had been compelled, from want of time, to adopt. This Council did not demand a new " scheme of policy," or desire a revolution in Provincial affairs ; but your Honor's avowed intention to lay such a scheme before them seemed to this Council to demand only a "temporary grant of supplies until your Honor should have clearly developed the principles upon which your Honor's Government was to be conducted. And this Council, in extending the operation of Jthe Appropriation Xet to th» last day of June, believed that they were affording to your Ilonor ample time to mature that scheme of p licy which you had announced to be nearly complete. And, in the mean time, this Council not only voted to your Honor the same establishment that had satisfied your predecessor, but at your Honor's request readily granted a further sum of £250 a year for additional clerical assistance in your Honoc's own office. , *

i Thirdly-That 4bk Council are *t a ion to underlUnd Iwhat " meaiures of pressing necessity," as stated by your Honor, were before them for consideration *t the time of 'their adjournment, on the 27th April last. The only busJness of any importance, and that not of pressing necessity, then remaining undisposed of, being a portion of the supplementary, or rather additional, estimates, and the Debenture Bill. An unexpended proposition to embark in public works, invoking, in one year, an expenditure estimated by your Honor, on mere conjecture, at about £70 000 in excess of <the annual income of the Province, and to raise that lum by the" ihsue of debentures, bearing right or ten per cent, interest, appeared to entail such serious consequences that this Council, before either adopting or rejecting your Honor's proposal, deemed ample time for its consideration .indispensable. They also deemed it only proper that an oppoitunity should be afforded for the expression of public opinion on a subject of so much importance. And this Council the more readily determined on an adjournment, as they then believed, what •xperience ha» fully proved to be true, that the estimates, so unexpectedly and hastily brought before them, would be found, when Subjected to a practical test, wholly insufficient for the completion of the contemplated works. This Council now feel assured that to carry out in their integrity the proposals your Houor then made would overwhelm the Province with a ruinons debt— rendering inevitable an amount of .taxation, oppressive to individuals, calculated to depreciate the value of property, and having the effect of deterring emigrants from fixing their abode amongst an overtaxed and struggling community. And this Council may add that if the consideration of measures of pressing importance has been delayed by the Council adjourning for 5 weeks, a further delay of 10 weeks has been caused by your Honor's adopting the extraordinary and uncalled for expedient of an indefinite prorogation before the completion of the business of the session ; and this Council regret the more the delay thus caused, as the General Assembly and the Provincial Council are now in session at the same time, to the great inconvenience of the members of both Legislatures and at an unnecessary expense to the Province. " Fourthly— That this Council regret that your Honor should have alluded to the ill-advised s"tep which your Honor was pleased to take in reference to the proposed adjournment of the 27th of April, especially as your Honor's undue interference was passed over by the Council without remonstrance, from that anxiety to avoid collision with your Honor which governed their proceedings throughout the Session. This Council, however, now feel called upon to say that it appears to them an unprecedented and altogether unwarrantable course for the hend of the Executive Government to threaten to treat an ordinary proceeding of the Legislative body as an " act of defiance, and thereby attempt to dietate*he mode in which the latter shall proceed with business exclusively placed within its jurisdiction. Fifthly— That this Counoil, in determining upon an adjournment for a few weeks, had not the slightest intention of interfering with your Honor's right of prorogation—a right which the Council could not suppose your Honor would adopt the extreme measure of exercising until the Council should, in teims of your Honor's Message No. 29, have intimated that " their convenience and the state of public business would allow." While, if a prorogation were deemed necessary or expedient, it would seem to have been, so far as the public mterests were concerned, a matter of indifference whether effected by your Honor in person, or by proclamation. Your Honor having rendered it necessary for this Council *o make, in their o> n defence, a reply to the statements put forth by your Honor, in asking for a dissolution, think it necessary that they should avail themselves of the same opportunity to record their dissent from the course taken by your Honor, in reference to other matters of importance, which the Council feel it would be culpable in them to pass by without notice, and thereby give a tacit assent to that of which they highly disapprove. 1 . This Council regret to observe that the course pursued by your Honor in reference to the expenditure of the public money appears to them to have been inconsistent and objectionable ; for while, on the one hand, your Honor has refused to provide for services of such pressing importance as the rendi-ring of land available for the location of settlers, on the ground of the impropriety of expending money without the authority of an Appiopriation Act,— although the necessary funds had been actually voted by this Council on the recommendation of your Honor -yet, on the other hand, your Honor has. illegally, and without any necessity, carried on the Government of the Province from the 30th June last, not only without the authority of an Appropriation Act, but even without the authority of a vote of the Council for the expenditure incurred. 2. This Council cannot admit the right of a Superintendent, of his own authority, or merely on the opinion of his law adviser, to treat as nullities deliberate Acts of the Provincial Legislature and of the General As-, sembly. The great evils which cannot fail to resjilfri from the assumption and exercise of such an authoritycannot bt» hotter illustrated chan by the widely-spread mischief which has been the effect of your Honor's acting on an opinion, (now overruled by Imperial authority.) that neither the General Assembly of New Zealand, nor the Provincial Council of Auckland, is ; competent to create a Corporation. j This Council believe it to be the duty of the Superintendent to treat Acts of the Legislature with respect, and to regard them as valid until they shall have been j declared otherwise by competent authority; and the Counoil regret that your Honor did not act upon this principle, as it would have saved the Province from the pernicious consequences which have resulted from the assumption by your Honor of a right to review the Acts of the Legislatures, both General and Provincial, and to decide, of your own will and authority, which you will recognise as binding, and which you will please to treat as of no force or validity. 3. It is, in the opinion of this Council, much to be lamented that your Honor should have made «o much delay in appointing the staff considered necessary by tne Waste Land Board to enable them to afford facilities to persons anxious to acquire land for settlement. AH the difficulties which have, from time to time, been raised, appear to hare been obviated, and the last obstacle to the working of the Land Regulations seems to have been the want of the assistance of a Surveyor, and other officers. From the correspondence published by your Honor in the Provincial • Government Gazette,' this Council have become informed that from the time of the adjournment on the 29th of April, up to the 24th of July last, your Honor steadily refused to make the necessary appointments, and that, without any sufficient reason for the change, so far as this Council are enabled to judge, your Honor then announced your intention to make those appointments, which might have been made three months before with equal propriety, and with much greater advantage to the public interests. In a matter" of so much importance, this Council strongly feel that your Honor should not have deviated from the course usually pursued, but should, without hesitation, have accepted the votes and resolution of the Council as sufficient authority to provide for the expenses incident to the sale of the jVaste Lands. But even if your Honor were right in treating it as essential that the sums already voted on your Honor's recommendation should be appropriated by an Act of. Council, there does not appear the slightest excuse for stopping the operations of the Land Board for to long a period, by neglecting to call the Council together for the purpose of adding the required formality to their vote*. There are other matters on which this Council might also with great propriety express their opinions, but, as your Honor will, apparently, soon cease to hold the. office of Superintendent, they are anxioua-not to enter upon more than they deem to be indispensable. So little, indeed, has it ever been the object of this 'Council to create embarrassment to your Honor's Government, that they are unable to call to recollection a single instance of any importance during the last session, in which they opposed your Honour's fiews, except in defence of their own privileges, and the assailed institutions of the country. And during tho period which has elapsed since the termination- of the session in April last, your Honor has been permitted to carry on the government of the province according to your own pleasure, not only without opposition, Dut without the slightest interference, on the part of the Provincial Council. This Council— now painfully convinced that public affairs have fallen into a state of contusion,— that the advancement of the" province has been greatly retarded, — and that this state of things is, in no amall degree, attributable to grave errors in your Honor's administration -feel that they are placed in the position specially provided for by the 4th section of the Constitution ' Act, and that" a strict adherence to their duty would make it incumbent on them to address Her Majesty's Representative, praying for your Honor's removal from the office of Superintendent. This course, however, they are unwilling to adopt, as it wouid not accord with that moderation which has hitherto characterised their proceedings ; but this Council resolve to petition his Excellency the Officer administering the Government, praying him to accede, without delay, to your Honor's request that a dissolution of the Provincial Council shall take place, so that the constituencies may have an opportunity of profiting by the experience they have now acquired, to elect such men, for the offices of Superintendent and Provincial Councillors, as • shall be deemed best fitted to promote the welfare and j advance the pioaperity of the province.

This Council, in the mean time, -beg tp assure your Honer that they vrill, without delay, take your Honor's recominettfl&tioni into their serious consideration mid make such provision for carrying on the public service as circumstances require. • • .~< "vVm. COKNBI.L, f ' 'j. ' ' J ' Chairman. Council Chamber, August 27th, 1855. Thetfollowing answer has been returned by bis Honour : — r The Superintendent of the Province of Auckland, in acknowledging receipt of the reply to his opening address 1 , cannot but express his deep regret that the ProvineialOouneil, on this occasion, should have adopted a tone and made use of termn inconsistent with those forms of courtesy which have been hitherto maintained in communications between the two branches of the legislature. He had hoped, by the careful exclusion, from his own address, of every subject upon which difference of opinion might arise, to hivp left no yr>om for harshness of expression in reply. He had hoped that tne^G'ounoil, under an impending appeal to the country, would have left to the people themselves the exercise of their right to pass judgment upon the policy which has guided him during his term of office. He had hoped that, as a legislative body, they would have seen the propriety of not endeavouring to control the executive branch of the Government. , But, although Kis expectations have not been realised the Superintendent is not the less ready to co-operate with the Council in furthering whatever measures may be proposed for the advantage of the Province, or less willing to meet the views of the Council, so far as he believes them to be consistent w'th the general good. I have, &c, Wm. Brown. Superintendent.

We reprint a letter, concerning direct purchase from the natives, which appeared long since in the 'Southern Cross.' It bears dirpctly on Mr. , Porter's motion, to be debated this day in the u House of Representatives. It stands as ifc was originally written ; for the experience of the intervening time has not pointed out any thing to change.

The House of Representatives the Provincial Council sat yesterday afternoon, the former at 4, and the latter at 8 o'clock. The principal business in both was the consideration of the Estimates. The fact of the House sitting on Saturday and Monday is an unusual occurrence, but the Southern members are extremely anxious to conclude the business of the session, so as to get away by the ' Zingari/ on Saturday next.

0 By tho arrival of the " Marmora," from Sydney, we fully expected to receive later English news. Rumours are rife th&t three of the batteries of Sebastopol, commanding the city, — the Malakoff, the Redan, or garden battery, and another, had been stormed, at a loss to the Allies of 2000 men, and to the Russians of 6000. The master of the vessel informed our reporter that he brought no late papers, and we are unable to give even this mo sel of intelligence in an authentic form.