The Lyttelton Times

Lyttelton Times, Volume II, Issue 72, 22 May 1852, Page 4

The Lyttelton Times

'May 22, 1852

The long expected " Stag" has arrived at last, and the news which it has brought us, relating to the affairs of the settlement, is in the highest degree satisfactory. Both from private letters, and from information which has been communicated to us here, we are enabled to state that the design of sending out Mr. Fox as Agent of the Association, has been abandoned. Our friends at Wellington will rejoice with us at this intelligence, The Association has been saved from the consequences of a false step, and Mr. Fox will remain in England where his services to the cause of New Zealand will be immeasurably more beneficial to the colony at large, than if he were placed in a false position, in this settlement as the Agent of a body, with whose principles he could not cordially agree, and as the representative of a policy which he could not consistently carry out. But we are further authorized to announce that it has not been thought expedient to entrust to any other person the task which it was proposed that Mr. Fox should undertake The Association adopting a generous and policy, have requested Mr. Godley not to resign the post which he has hitherto filled with so much satisfaction to the colonists, and have accompanied that request by such measures as will secure to the colony a continuance of Mr. Godley's services for some time to come. We have no doubt that Mr. Godley will take some early opportunity of laying before the colonists the reasons which occasioned his resignation, as. well as the circumstances which have induced him to maintain his post for the present; indeed, we think the colonists are entitled to such an explanation, and it would be premature to anticipate such a statement, by the publication of any rumours or surmises which have indirectly come to our knowledge upon the subject. But we cannot forbear to congratulate our fellow colonists that so serious an evil has been averted as. the withdrawal of Mr. Godley's services from the settlement, at so critical a period of its existence.

With respect to the proceedings of the Association in England, we understand that although no revival has taken place in the sales of land, there is a prospect of a considerable emigration to this Settlement in the course of the ensuing spring and sum." mer, comprising several families of wealth and respectability. The general interest in the progress of the Settlement, appears to be on the increase, and the reports from al^ quarters are decidedly more favourable than those which have been received for several months. The- announcement which we quoted from the Morning Chronicle, that Dr. Rowley had been appointed to be Bishop of LyClel'tbn in the place of Dr. Jackson, is contradicted. No appointment has as yet been made, but we understand from private sources, that it is possible the Bishopric may be conferred upon Dr. Gell, late President of the College in Van Diemen's Land ?

who is represented to be in every way well qualified for so important an office.

The following extract from a private letter has been placed in our hands for publication*. It conveys the opinion of several of the most eminent statesmen and lawyers whdj'e attention is. ( at present directed to 'N<sv affairs, with a view to legislation in the present session of parliament. . It has long been evident that the Provincial Councils' Ordinance would never come into operation in New Zealand, but it is satisfactory to know that that absurd piece of legislation upon which so much of the time of the Legislative Council was wasted last year, was absolutely illegal from beginning to end, and that if through any strange fatality an attempt should be made to enforce its operation, the Colonists will be justified in resistance, by a legal appeal to the Privy Council:

"One point we have settled to ouv satisfaction —though of course Lord Grey will sneer at it ; but in truth I believe there is no doubt of it—that the last Provincial Councils Ordinance is altogether illegal and void. For this short reason ; the Act, 11 Viet. c. 5, (which suspended for five years Lord Grey's constitution) authorised the Governor for the time duringl which the suspension lasted, by the advice of his Legislative Council, by ordinance to establish Provincial Councils to be appointed or elected : as by such ordinance shall be provided, &c, &c. Refer to the Act if you have it, aud you will see that the power given is to pass an ordinance —not to pass ordinances " from time to time :" and you will see also that _-tJ^e Provincial Councils so once constituted, would, unless the Suspension Act was continued or Parliamentary Authority intervened, exisf only until March, 1853. Now by Ordinance N0.,1, Sess. ix., September 9, 1848, the Legislative Council exercised the power so given them by Act 11, Vie, c. 5. By that Ordinance Provincial Councils were constituted. The power once exercised, the Legislative Council were, in that respect, " functi officii." They had no legal power to repeal the Ordinance of September, 1848, as they have assumed to do, by the Provincial Councils Ordinance of last July. Suppose, for instance, the Ordinance of 1848, had declared that the Members of the Provincial Councils should be elected —could the Legislative Council of 1851 have repealed the ordinance and declared that they should be nominees? I believe no one on examination will deny that the legislation on this subject at Wellington last session was beyond the jurisdiction of the Council, and that what they did was consequently void."

The " Pauline" arrived yesterday from Sydney,bringing papers to the Ist inst. No later intelligence from England than the 31st December had been received at Sydney. Advices to the 20th February had arrived from California. Robberies and outrages were on the increase in St. Francisco, and the other towns of the State. Strenuous efforts were being1 made to introduce Neyro Slavery into the State ! The " Pauline" has brought 500 maiden , 4wes, and 400, wethers. The " Marmora" was to sail for Wellington and Lyttelton a few days after the Pauline. Our space will not allow us to gjive further extracts from the Papers this His Excellency Sir George Grey has remitted, through the Rev. B. W. Dudley, Five Guineas towards the erection of the church at Lyttelton. The following- gentlemen have been appointed Magistrates by His Excellency Sir G. Grey-.—Messrs. C. Bowen, T. Oholmondeley, Stoddart^Fitton, Bray, I. T. Cookson, and Wooleombe.