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The Daily Southern Cross.

SATURDAY, OCTOBER 17.

"W"e observe, with some degree of pleasure, th*at there is to be a contest for the vacant seat in the Provincial Council for the Northern Division. There is nothing which can be considered so hopeless a sign as entire apathy upon public questions. When a people has arrived at this point there is no chance for its political salvation but in some very severe and painful discipline. It may, indeed, be urged that we are now tasting something of this discipline in New Zealand, and especially in this province. For our own part, we believe it is so, and we are not sorry to see it, but we do not feel sure that the matter has come to the worst even now. We do not see that there is an enlightened interest even yet being taken in public questions as a whole. We do not see that the electors are always at their post when affairs of importance are to be discussed, or even when important political action is to be taken. Not only is it difficult to get up an intelligent meeting in many parts of the province to discuss political matters, but even when an election of a Provincial Councillor is to take place the attendance is of the most meagre description, and those present very often appear to take no , interest in the matter. For this sort of thing we have suffered, no doubt, and are suffering, in many ways ; and, unless a very great change takes place, we may reasonably expect to suffer still more hereafter. It is not a small matter whether we take an active interest in politics or not. It is not a trifling consideration who is sent even to our Provincial Council or our City Board. So long as there are Provincial Councils and < ity Boards they are important and not indifferent matters to us ; and, if we do not recognise their importance, we may depend upon it we shall suffer for our neglect, and shall well deserve to suffer. As we have said, we are glad to hear of a ; contest for a seat in the Provincial Council i for the Northern Division. This, indeed, was almost the only gratifying- feature about the circumstances of Thursday, last. I We cannot compliment the people of the

Division upon the enthusiasm, they displayed, seeing that nine people only seem to have answered to the call for n show of hands. "We are not sure thai we can say much in favour of the speeches made by the candidates, as these were very vague on politics, although, in one case at least, sufficiently explicit in treating of more private matters. But we are glad of the prospect of a contest, as it may perhaps stir up some amount of interest in the minds of the electors. If it does not do this, we do not know what will do so, and we shall have small hope of any good coming of our institutions, whether Provincial or General, until we have suffered enough to teaoh us a different lesson. So far as we know, the two candidates are not very unfairly matched. They are both known settlers, and both reputed to be moderate and intelligent men, so that, whichever is chosen, no great harm may be done. If, however, the publio of the district really wish to gain the greatest benefit from the election, or to obtain the man who is really the best fitted to represent them, they will not rest satisfied with this vague general idea of constitutional fitness. A man, it is not too much to say, may be the very best of neighbours; he may be very moderate in his views and generally very intelligent on most subjects ; and yet it may be mere folly to suppose him fitted to represent a distriot in any Council whatever. The expressions of political faith made on Thursday were so very vague that, so far as we can see, they meant really . nothing. Both candidates were moderate in their views, and, as we all know, moderation is a very good thing taken in moderation. It is not always very easy to get it in this proportion, however. Men who are essentially moderate are often but little else, and something more than negative qualities are wanted in a representative. Both candidates are in favour of doing something for education. In the Northern Division the need of education must be, we should imagine, as keenly felt as anywhere ; and a good deal more than a vague approval of an edxicational system might reasonably be looked for from its representatives. On this point the would-be candidates should say more than they have said. Time enough has been given to test the working of the old system ; more than time enough has elapsed to show us the evil of having 110 system at all ; and thoughtful men who lived in a district suffering from the change may reasonably be asked for more than a general expression of attachment to education. They should know something about the matter by this time. They should be able to say whether the Northern Division ought to be taxed for education, and, if so, how and to what extent. They should have an idea how the money to be raised should be expended, and they should be ready to lay their ideas before the public. We are not now blaming the candidates for their sins of omission, because hitherto it has not been the custom for electors to expeot or for candidates to give an explanation of their views, even on matters of importance, before the election. It has been sufficient that Mr. So-and-so was an old settler, and a highly respectable man. It has been held satisfactory if he could say that he was moderate, and would act conscientiously, which, it is to be hoped, all our representatives do. Even of late, a vague statement that, while disapproving of provincial institutions, they were not prepared to cast them away until they saw something to put in their place, has been accepted as a very intelligent confession of faith from a would-be candidate. We cannot feel that it is so. However fair it maybe that those who aspire to no political position should be excused from puzzling themselves deeply with such knotty points, the same is not true of a candidate for a seat in the Council. This qualification of mild puzzle-headed-ness has, we think, passed current quite long enough. We should like to see the Northern Division make a beginning and insist upon knowing from the men who want to become politicians what they mean by this vague language ; what sort of changes they look for and would support, what ones they fear and would oppose ; how they think Separation would put an end to provincial institutions, and how the termination of them is to be made beneficial to the out-districts. Let but our Northern Division electors have their candidates before them, and get answers to such questions as these, and they will have little difficulty, we imagine, in finding out their best men.

The entries for the cattle show which will take place at the Remuera Sale-yards on Mofiday next, will close to-day at four o'clock in the afternoon. The agent of the P., N.Z., and A.R.M. Company has informed us that tbe rumour current in town for the last two days, and which we mentioned in yesterday's paper, that he had received intimation that the Panama mail contract was at once to bo stopped, is not correct. Whatever change may be made in the arrangements for the carrying on of the Panam* contract, no definite in. formation haß yet been furnished to the agent in Auckland. In the Post-office notice in yesterday's paper, an error was made in reference to the closing of the mail by the * Hero.' It was stated that the mail closed on Wednesday next, while the fact is that it will close at 1.30 p m. on Tuesday. It will be seen by an advertisement in our columns that, iu consequence of the funeral of tbe late Mr. K. Hidings, which t*kes place to-day at thiee o'clock, the meeting iu reference to the sick and destitute will be postponed till Monday next, at two o'clock. We understand that amongst the cabin passengers booked for Sydney per s.s. 'Hero' on Tuesday next are his Lordship the Bishop of Lichfield and New Zealand, Mr. and Mrs. Hunt, and VEr. and Mrs. Oobley. The General Sjnod sat again yesterday, when a long debate took place on the resolutions appended to the report of the committee appointed to consider tbe expediency of completing the ecclesiastical arrangements respecting the proposed diocese of Dunedm. In the course of the debate, the utmost delicacy was observed with regard to the subject of ritualism, and, though one or two members in the heat of the discussion occasionally rambled on the forbidden ground, they were recalled to the immediate question by the President, who effectually repressed all tendency to rambling "fancy free" inte the realms of religious controversy. The committee was severely taken to task for not having taken any evideuce on which to base its report, and the President absolutely refused to be the bearer of any resolution to Dr. Jenner that did not fairly and ingenuously touch the question. A motion was made to the effect that the appointment of Dr Jenuer be not confirmed. This wu objected to because it did not fairly meet the question, but after a good deal of warm discussion, and the moving of amendments »nd counter-amendments, it was agreed that it would be better for the peace of the Church in New Zealand that Dr. Jd«mer should resign nil claim to the position of Bishop of Dunedin. It is said that Dr. Jenner has distinctly expressed his willingness to resign in obedi«nce to the will of the !>ynod, but, looking at the fact3 of the case from an unbiassed point of view, it seems difficult to understand how Dr. Jenner can see fit to resign unless the Synod furnish him with some reasonable ground for coming to •uch a decision. It is certainly a question whether bis pledge will admit of »o wide an interpretation.

The traffic on Queen-street Wharf during the past week haq caused that portion of the city to present quibeau animated appearance. The large number of f. reign arrivals lately, with heavy general cargoes, has been the means of giving employment to a goodly number of labourers in loading and unloading vessels ; and if our shipping trade continues to increase at the same rate during the bummer months we shall speedily have to complain of the want of wbarf accommodation. We have from time to time called attention to the fact that, if some measures bo not immedi'tt-'ly resorted to, in order (to prevent the harbour ftom filling up, vessels of large tonnnge will not be able to come alongside to discharge cargo. As it is, we noticed tbat the s.s. 'Heio' aeenvd to be aground at low water yesterday. We do hope that some means will be adopted so as to prevent thia fine harbour (which is second to none in the wor'd) from becoming useless. A. lecture on chemistry was delivered in the Mechanics' Institute last night by Mr. C. Roberta -n, of the Newton Academy. The h-ill was well filled with citizens, and advanced pupils of the leading achools. Mr. Gillies occupied the chair, and intro duord the lecturer by a few remarks, in the course of which he expressed a hope that the day would soon arrive when scientific knowledge would be snbRiituted for the wearisome drudgery in the dead languages that now occupied so owny years in the education of our youth. The lecture was discursive, and illustrated by numerous experiments. One of them failed, owing to the escape of oxygen daring its conveyance from Newton in kerosine tins, but on the whole the leoture was very entertaining, and must have been regarded with intense interest by many of the youths that heard it. The Bishop of New Zealand bas, we are told, invited' his friends to partake of the Holy Communion with him in his private chapel at Parnell, at 11 o'clock this morning. We believe that the reason of his doing so is, that this i3 the twenty-seventh anniversary of his consecration, he having been made the first Bishop of New Zealand on the 17th October, 1841. The Golden Point 'Claim, adjoining Hunt's and Barry's, bids fair to rival these far-famed claims. The shareholders have placed a steam hoist on the ground|fco hoist quartz, &c. /rom thedeep shaftsunkon the above claim. This shaft is now 175 feet deep, and by carrying it about 50 feet deeper it ia expected to cut Hunt's best leaders.— [Correspondent.] It will be peen that the Bishop of NewZealand and Lichfield will leave Auckland by the 'Hero' on Tuesday, and it has been suggested that theie should be a suspension of business for part of the day, so that the citizens of Auckland— many of whom are very old friends of his Lordship's, who will never forget him, and who, we daresay, will not be foreotten by Bishop Selwyn — may take fitting leave of him. The steamer leaves at three o'clock. At the Police Court yesterday, before Thomas Beckham, Esq., B. M., three women of ill fame were charged with stealing the sum of £28 18s., the property of a bushman named J>>hn Smith. As soon as the prisoners were brought into Court, a crowd of men also came in, so as to entirely fill the space alloted to the public. They had to be called to order several times, and at length Mr. Beckham, addressing them, said it was a lamentable thing to see tbat such a case as the present should attract such a rush of men. It wa» a great pity they bad nothing better to do. It was most disgraceful conduct, and unless they kept a little more quiet he would give orders for them to be put out of the Court. The Board of Trade have sent to her Majesty's Consul at Tahiti a gold watch and chain for presentation to the King of Rorotonga, in acknowledgment nf his kindness to certain of the shipwrecked crew of the 'Anna Dorothea' in December and January last. The Board of Trade have also sent out an assortment of linen, cotton, and alpaca fabrics, for presentation to the natives of Penrhyn Island, by whom the whole crew of the above-named ship were very kindly treated for more than a month. The • Anna Dorothea' struck on Starbuck Island, and the crew— lB in number — reached Penrhyn Island in th«s long-boat on the 6th November last. On the 9ch November six of them put to s»a a?ain in the long-boat, and reached Aitutake on the 19th, where bhey found the American ship ' Alpha,' which oarried them to Rorotonga. One of them joined the 'Alpha,' but the rest were kindly taken care of by the King. The twelve men left behind on Penrhyn Island were taken off by the British cutter 1 Courier ' six days after the departure of the longboat. It would appear that " Our own "sometimes runs a risk, as a correspondent-, writing from Caudahar [Afghanistan) to an English paper ou the 12th June, 3tates that two persons bad been apprehended on suspicion of being newswritsr?. They*were brought into the presence of the Ameer, by whose orders bhey were beheaded. Their heads, having been Fastened on poles, were hung at Cabulee and Nakkar Khana gates for public display, »nd a warning to ofcheis. The annual geueral nveting of the shareholders of bhe Kapanga Gold-minmsc Company will be held at the office, Canada Building3, at 3 p.m. on Thursilaj next. The Sydney Morning Herald, in an article on recent occurrences in NewZealand says: — "In reading some of the journals of New Zealand many will feel much regret. It is sad to find fierce denunciations and recommendations of sanguinary vengeance in an English newspaper. By some,slaughter of a Dative wou.d be regarded as an act of heroism, while death by his hands in open war would be looked upon as murder, demanding the last penalties of the law." On Sunday, the Bishop of Nelson will preach at St. Mary's Church, Parnell, and in the evening at St. Matthew'?, Hobson -street. The Bishop of Waiapu will preach at St. Mark's Church, Remuera, and in the evening, service will be conducted by some other of those here attending the Synod, The anniversary of the Pitt-street Wesleyan Church will be held on Fuuday. The Rev. James Law, wh6 has lately arrived from England, will preach iu the morning, and the Rev. W. G. Thomas in the evening. We yesterday inspected two very handsome carriages which were being landed from the steamer ' Hero, ' consigned to Messrs. Lipstine and Murdock respectively. The carriage come from Sydney, and are both handsome and commodious. We observe that Mr. Henry S. Meyers, general merchant and importer, has removed into the very handsome aud commodious establishment formerly occupied by Mr. Thomas Macky, next the Metropolitan Hotel, Queen-street. The whole of the old ft out has beeu taken down, and replaced with a very handsome one in the Gothic style, which gives the establishment from the outside a very light and graceful appearance. Dr. Wallis will preach to-morrow at 11 a.m. and 6 p.m. in the assembly room of the Young Men's Christian Association. Subject m the morning, "Jesus rejoicing;" in the evening, " Jesus weeping over Lost tioula." Mr. Eager will preach iu the Parnell H»ll tomorrow, morning and evening. Subjects : " Inward Light," and " 'lhe Great Earthquake : ifcß Moral and Spiritual Lessons. 1 ' An important case in reference to the land purchases of the New Zealaud Company is now before the Supreme Court in Canterbury. We give the following from the Lyttelton Times:— "ln Banco.— Heremaia Moutu and Hoani Timaru, claimants ; her Majesty the Queen,defendarit.— Messrs. Garrick and Cowliahaw for claimants ; and Mr. Wynn Williams for defeudant. — A writ of error was allowed in this case, tried in the Native Lands Court sitting in Christchurch. It is contended that a certain deed put in evidence on behalf of her Majesty the Queen, whereby certain natives purported to convey to Mr. Wakefield, agent of the New Zealand Company, a large tract of country including Kaitoreti,is invalid, illegal, and totally without effect by virtue of the 13. h chapter of the Royal Instructions oi 1846, and that therefoie the title of th« claimants herein, and the other natives, had never been extinguished ; that the Baid deed is void for uncertainty ; that the deed, being illegal, invalid, and void, could not extinguish the title oi the claimants to the said land ; that no parol agree, ment by the aboriginal natives of New Zealand tc sell their interest in their lands to private indm duals other than to her Majesty the Queen, or t( persons on her behalf, could be valid and legal, anc that such an agreement could not be taken out oi the Statute of Frauds by part performance, anc could not be ratified and adopted by the Crown ac as to be made * legal and valid agreement ; that thi acts of part performance of the said parol agreemen being payments of money were not sufficient to taki the contract out of the Statute of Frauds j that thi said payments of money and receipts and all oth^ acts adduced ia evidence in the Court, beraj made, given, and done under aud in pursuanc of the said deed, could not be used and were no sufficient to create a separate and binding pare contract ior the sale of the s»id land ; that th Court proceeded with and investigated the titles c

and interests in the said land, under section 83 of the Native Ltnds Act, 1865, and section 38 of the Native Lands Act, 1867 ; and to make or 'era as to the tarms and conditions for the completion of the said deed and agreement without any order of reference by the Governor ; that a certain document purporting to be an order of reference under the t-aid ' sections was sigoe t by the person signing it (the Hod. John Hall) without any previous authoiity from bis Excellency the Governor; aud that the said document was received in evidence without any pr<'Of of the authority to sign it, or of the signature thereto. Mr. Williams moved for a rule nisi, calling upon the plaintiffs to show cause why the wdt of error should not be set aside or quashed for irregularity, on the ground that a writ of errer does not lie on a judgment given in the Native Lauds C«urr, and why tbe defendant should uot be allowed to pr ceed. ou the judgment appearing by the writ of error to have been obtained by her Majesty in the Native Lands Court, on the ground that the matters stated in the notice of allowance of the writ are insufficient and frivolous — with costs. He urged in support of his motion that error only lies U|>on matter of law arising upon the face of the proceedings ; so that no evidence is required to substantiate or support it, there bring no method of reversing an error in the determination of facts but by a new trial to correct the mistakes of the former verdict— (Kerr's Blacketone, vol. 3, p. 428)— and that a writ of error does not lie on a judgment of a Court of Record which acts in a course different from the common law. His Honor granted the rule, returnable on Tuesday, the 17th November."

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/DSC18681017.2.13

Bibliographic details

Daily Southern Cross, Volume XXIV, Issue 3512, 17 October 1868, Page 3

Word Count
3,639

The Daily Southern Cross. Daily Southern Cross, Volume XXIV, Issue 3512, 17 October 1868, Page 3

The Daily Southern Cross. Daily Southern Cross, Volume XXIV, Issue 3512, 17 October 1868, Page 3

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