SIR WILLIAM DENISON AND HIS CABINET. (From the Sydney M. Herald, January 23.)

Daily Southern Cross, Volume XVII, Issue 1378, 26 February 1861, Page 5

SIR WILLIAM DENISON AND HIS CABINET. (From the Sydney M. Herald, January 23 .)

A remarkable anomaly of responsible government has brought before the Colonial Legislature the name of Tawell, who some years ago was executed in Engfor murder. The victim was formerly his servant, with whom ho had illicit connection. Ho married, TTowever, a respectable Quaker lady, and made some pretensions to the fellowship of the Friends, although we understand he was never admitted by them into membership. A desire to preserve his reputation as a moral man probably led him to plan and complete a crime of unexampled atrocity, and notwithstanding he was defended by Sir Fitzroy Kelly with more than forensic fervour, and although he seems to have expected to escape conviction, he was condemned and hanged, uttering a prayer for that mercy which he did not show. Tawell was a chemist in this city, and carried on business on the premises now the property of Mr. A. Foss, Pitt-street His reputation in this colony never itood very high, for though he was willing to bo distinguished in certain associations for philanthropic purposes, he had not quite the appearance of an honest man. Mr. Backhouse, in his woik on the colonies, describes how Tawell carried into the harbour of Port Jackson certain puncheons of rum, and poured out the contents in the stream — the astonished boatmen crying murder. The cry was of evil augury • A barbarous relic of ancient legislation confiscates the property of a murderer, and bo iums his family. The motive is doubtless that the arm of the assassin may be stayed, when he sees that the same stioke that strikes his victim and penis his own life may reduce his wife and children to beggary. If this even were true it may be well doubted if the law does not set a bad moral exnmple, when it directly ruins the unoffending ; but it is clear that it does not usually enter at all into the calculation of the criminal. No man would murder except under the impulse of insane revenge, if he did not believe himself pretty certain to escape the punishment due to his crime. The Crown, however, acting in the humane spirit of the times, consented to remit the forfeiture, and to give to Mrs. Tawell and the son the property of the husband and father. Their affliction and disgrace were surely enough to exact from their innocence and virtue. The Crown, however, granted to trustees for Mrs. Tawell and TawelTs son all the foifeited property by warrant, the title of the Crown requiring to be first ascertained by inquisition in the colony. A power-of-attorney was sent out by the trustees of Mrs. Tawell to a Mr. Turner, who sold the land and appropriated the money. In consequence of this loss, the trustees attempted to repudiate the sale by Turner and to ■upersede it by direct grant from the Crown to themselves. Supposing that the trustees of Mrs. Tawell had no power to authorise the sale, the attornpy had no power to sell ; and it appears that it is upon this pretence that an attempt has been made to oust the purchasers. In the opinion of the law officers of the Crown, firat and last, comprehending Messrs. Manning, Plunkett, "Wise, and Hargrave, the Governor had no power in law to issue the grant as directed by the Secretary of State. The Governor, while he disputes the legal opinion of these gentleman, says, "all this, however, is beside the case. I having received specific and reiterated ininstructions to cause a deed to be prepared according to a certain form, to which deed I am also directed to cause the seal of the colony to be attached," and he expresses his determination to obey; and in another communication he adds .—". — " I think you have decided unwisely, both in refusing to comply with my directions to affix the Great Seal to the deed in question, as m so doing you act only in a ministerial capacity, and astume no responsibility, and also in making any act of mine, performod in consequence of positive orders from her Majesty, a reason for resigning your political position Whatever course, however, you may decide to adopt, my duty is very clear, and that is to execute the deed as directed. In order, then, that I may do so, I must request that you will deliver the Great Seal to my private secretary, Mr. Merewether, who will call for it, and who will return it to the office of the Colonial Secretary as soon as T have attached the Beal to the deed." It was quite evident that after such a decision the Ministry, without the deepest degradation, could not continue to hold office. They could neither do so consistently with their avowed opinions, nor with any regard to the principle of ministerial responsibility, allow the Governor to affix the seal The Governor calls this indeed a private affair, having no connection with politics, but can there be anything more serious than the surrender, by a Cabinet, of legal rights of citizens against the opinions of its own law authorities. There are other questions important to society besides Parliamentary reform, and the violence with which the Governor has carried out his notion of duty is the f most serious blow ever struck at the colonial rights, and we fear we might add at the authority of the Crown. We scarcely need dwell upon the palpable injustice of the transaction in its bearings on the colo mal purchasers. The trustees of Mr. Tawell, who seek now to invalidate the sale, authorise it by their own signature, it was effected by their own attorney, and part of the proceeds they have received. For the Colonial Office to assist in repudiating that transfer by some technicality of law must strike all men ai an intolerable abuse of the prerogative. We would not give much for the grant even if it had legality on its side, A succession of actions would probably end as trials commonly have done which are in direct violation of equity and common sense. It is, however, a lament able mistake when the law is so wrested by authority as to outrage the moral sentiments of the people. With the course the Ministry have taken no fault can be found, save on one point. They ought not to have given up the seal so long as they were Minibters The seal belonged to the Government, but they were the proper persons to hold it. The Chancellor of England never parts with the seal without laying down hk office. If a Governor will violate law, he should stand alone, nor can anything release the Ministers from responsibility but actual release from their functions If a lesignation without effect is enough, they may resign every other day, and allow the Governor, meanwhile, to act according to his pleasure, whether he pardon or send a culprit to execution, or make an illegal grant of public or private propeity. Sir William Denison wa3 lately before the country as the model of constitutional governors ; but scarcely is he outside the Heads when the public are called on to repudiate his arbitrary conduct and to transfer their admiration to his constitutional Ministers. Well, Sir William Denison is gone. As we have been sparing in praise of his government, w e shall be cautious in proclaiming his unqualified condemnation. For fourteen years we have watched his career, and we believe that his last act expresses the policy which he has followed upon conviction, from the day when jie first set his foot on this hemispere. Had the Secretary of State told him to issue a grant of this colony to Russia Jje would have obeyed. Had he been oriluva<\ to establish a powder magazine in George-street he would have cheerfully laid the foundation stone. It was no business of his to examine the law of the case, it vras no matter whether the deed were or not invalid, the Secretary of State had directed issue, and that was all in all. We do not, however, think the Legislature can leave the question in its pretent position. It is of great importance to know under irtaat conditions or limitations a Goremor-Qenoral can act, when property, whether of the colony or individuals, is concerned. If a mere mandate from the Secretary of State can be carried out by the Governor-General, in defiance of law, the theory of responsible government is a delusion, still more per feet than we imagined. Now, he it said to act in opposition to his Ministers, another time he may act in collusion with them, and conceal their complicity under the clolte of his vice-regal discretion. We should be glad were the power in the hands of the home Government greater than it is, and could the Governor possess a more effective weight in administration, we might be no worse for it ; but we ought to understand our footing when questions of Imperial interest are to be treated, and how far the Governor can proceed alone on hi* own interpretation of his powers. Sir William Denigou has done with us j but not so the Secretary of State. It is to him we must direct the remonstrauce, not against the Governor, but against the power he assumed. The case calls for no great acrimony, but it must be firmlymet. A point equally momentous remains for the legislature. We must ascertain, namely— Whether a Governor, in his official capacity, may reject the advice of his Ministers formally given, and at the same time refuse their resignation ; and whether their responsibility i« discharged, if they retain their places, after their advice has been formally rejected, and the act they "have declared illegal and unconstitutional is completed, their protest notwithstanding.