The Lyttelton Times.

Lyttelton Times, Volume III, Issue 121, 30 April 1853, Page 6

The Lyttelton Times.

April 30, 1853. We have received several communications referring to the letter which appeared in our columns last week from Mr. Sewell to Mr. Fitz Gerald. We have no space for these communications in full, as they would more than fill that portion of our journal which we are at all times desirous of placing at the disposal of the public. As there are several points in Mr. Sewell's letter respecting which explanations have been requested, and which Mr. Sewell has been privately written to to supply, we give such portions of that gentleman's replies as will help to elucidate and explain the questions in doubt. With respect to the Bishopric Endowment Fund, Mr. Sewell writes to Mr. Tancred; " the Fund was never invested in Canada Debentures, nor indeed in any specific Securities. It was transferred direct from the Association to the Trustees of the Colonial Bishoprics' Fund, and was lodged by them in the Bank of England. There was a notion at one time

of investing it in Canada Debentures, and our Bankers were requested to look out for such Securities, but there were none in the market. Soon afterwards we formed a plan and made an attempt to get a borrowing power from Parliament. Had we succeeded we meant to have taken the Endowment Fund as part of the intended Loan. That failing, we resolved to borrow on security of our property in the Colony. As to whether the Trustees of the Colonial Bishoprics' fund held our Endowment fund with a special Trust, I am able to state that that point was carefully considered by them before the money was transferred. It was agreed on all hands that they simply held it as stakeholders, and that it was property under the controul of the Association. The mortgage is made to the Members of our own Ecclesiastical subcommittee as Trustees; :; !*o^ „ "As to an ambiguity in my letter about the power of the. Association to sell their property ; I mean this. Over certain por-v tions of such property the public have clearly defined rights,—as for instance, over the Town belt of Christchurch, and these cannot be disturbed by any changes of the property itself, which must remain liable to such public rights into whosesoever's hands it may fall. This will apply equally to the case of its passing into the hands of the Crown,—the Provincial Government, —the General Government, —or private persons. The Legislature alone would be able to put an end to such public rights, and of course might do so if it thought fit, and probably would do so if generally desired, or thought expedient. Such cases of mixed rights are common enough,—nor is there any difficulty about the principles governing them. "But there is other property not subject to any such defined. public rights. I would instance the Agent's house, which has been let by Mr. Godley to a private person. I think such property may- be sold without detriment, to the public ser r vice,—mot that any intention exists to sell it. Our object is to offer the property to the Provincial Government when formed ;, it discharging our" liabilities, which I hope will not exceed the value of the property. If that offer be declined, then we shall, make a similar offer to the General Govern-, ment, and I may say that the Governor assents to the general principle of treating any excess of bond fide payments made by the Association as an overdraught that ought to be discharged ; the Association surrendering its property in return. The rule is equally applicable to the Provincial as to the General Government. "As to what you say about selling or letting the Town belt in small allotments, you tell me that it has been distinctly stated by Mr. Godley that he had received express instructions tosell or let the Town belt; and you point out what is obvious enough—that the effect would be to break it up, and build upon it. lam sure there must be some mistake in this matter. The question was never submitted to the Committee in England, nor mooted there in any way. Had it been mooted I am satisfied the Committee would have viewed the matter as I. do, and would have disapproved of such a scheme. I have looked with some care over our despatches to Mr. Godley, and cannot find anything which would bear that interpretation. But the. despatches themselves (copies of which I have with me) are quite open to you for inspection, and I shall be glad if you will satisfy yourself on that point." It seems that; Mr. Godley at one time contemplated putting an end to the engagements of the Clergy and Schoolmasters,. agreeably with instructions to that effect from the Committee of Management in England ; on this pointMr. Sewell -writes to the Rev. H. Jacobs :—-" I understood you to say that Mr. Godley referred to some des->

patch from the Committee of Management as instructing him to put an end to all engagements with Clergy and Schoolmasters. I have since looked at the despatch referred _/to, dated January, 1852, and am sure it cannot bear an interpretation which was as far as possible from the mind of the Committee. We requested him in that despatch 'to take immediate steps for closing all expenses connected with our establishments, and determining all engagements with persons in our service.' It would be a very forced construction to include Clergy and Schoolmasters, provided for out of a permanent Ecclesiastical Fund, under the above class. I can only say that the sudden suspension of Clergy and Schoolmasters has been to me by far the most painful circumstance which has occurred in con-' nection with the colony. lam sure it will occasion in England the greatest possible distress till it can be known, that the mistake has been rectified. lam satisfied there is no sacrifice which would not have been readily made by individual members of the Association rather than have done such a wrong, or incurred such a reproach. Nor is there any legitimate expedient within my power to which I would not have had recourse, if necessary, to prevent such a public scandal. lam bound to say thus much in justice to Lord Lyttelton and others in England who stand compromised."