The Lyttelton Times.

Lyttelton Times, Volume III, Issue 148, 5 November 1853, Page 6

The Lyttelton Times.

November sth, 1853. The financial arrangements made by his Excellency the Governor-in-Chief, pending those to be settled by the General Assembly, were simply stated, without comment, in the Superintendent's speech at the opening of the Provincial Council. That these arrangements were in contravention of the Constitution Act. and that the Governor thereby proposed illegally to assume the power of appropriating the revenue, then suggested itself to every careful reader of the Act. Mr. Packer even proposed to insert a sentence in the Council's reply to His Ho.nor, expressing regret that these financial a.rrang-enients had not received the sanction of x the General Assembly. This motion was supported by Mr. Hall and Mr. Cass. but rejected by the Council, at the instance of His Honor's advisers, as uncalled for at that time. Notice was even given of the introduction of a Bill, to legalise the proposed appropriation of twothirds of the General revenue by the Provincial Government. At this stage, very happily as it appears to us, the legal difficulties* in the way of such a measure became more manifest to the Provincial Executive. "We presume that, in this instance, the use of an Executive Council was exemplified, as a check upon hasty and inconsiderate legislation. It may, possibly, have occurred to its members, that, even if the Governor's measures were just, reasonable, and expedient, a stroke of his Excellency's pen, unsanctioned by enactment of the General Assembly, afforded no security for the permanence of those measures ; and that a Provincial enactment confirming his Excellency's illegal appropriation would be no obstacle to a change in the Governor's ideas, so that the liberal offer made to-day mi^ht still be withdrawn to-morrow. At any rate, the Provincial Government seems to have re-considered the question with great care and circumspection. The Superintendent's . speech to the Provincial Council on Tuesday last, contains an able •and clear 'account of the whole question. His Honor asserts, in distinct yet temperate language, the utter illegality-of the Gover-

nor's proposed financial measures: point out the alternatives which lie before the Provincial authorities with regard to those measures : and suggests to the legislature a policy for the present only, which may enable the Provincial Government to be carried on, without involving it as an accomplice in Sir George Grey's violation of the integrity of the Constitution. His Honor has even drawn the outline* of a still more decided policy, as possibly expedient and according to law. That policy would, if carried out, oppose legal authority, instead of inoperative law, to the illegal proceedings of the Governor; and^ would throw a practical obstacle of ho small effect in the way of His Excellency, by arresting- even the contributions to the Civil List, and thus leaving him destitute-of funds of any kind, until he should have convened the General Asssembly. So far as we have been able to weigh the grounds of His Honor's conclusions, they appear, to be sound. If so, it is to be regretted that they cannot be acted upon at once. Such, action would doubtless require the support of a large majority, if not unanimous approval, in each Provincial Council; so that the six Councils and Superintendents might unite in vigorously compelling.the Governor to convene, without further delay, the General Assembly of New Zealand. It would be only poetical.justice, if the very Governments, which His Excellency has attempted to inspire with independent life unregulated by legal control, should turn upon him like one strong Frankenstein claiming a soul for his body, and insist on his calling together that Central Legislature which can alone give lawful and wholesome vitality to the respective Provincial Governments. Every colonist who esteems Constitutional Law, and desires the integrity of our new Constitution, will peruse His Honors speech with great satisfaction. It may even be looked upon as an historical document of no mean value, since it is, pix>babijr, the earliest protest made in this colony, by a legally appointed officer of Government, against an illegal assumption of authority by Her Majesty's Chief Representative. Those, if any, who feared lest the Superintendent of Canterbury might tacitly accept the Governor's offer of power and illegally appropriated funds for the public service, will rejoice at recognizing, in His Honor's conduct on this occasion,] an appreciation of his own position as elected by the tax-pay-ers, and responsible to them ; and will be grateful for his faithful championship of their legal right to remonstrate against, and resist, any appropriation of the revenue not duly sanctioned by law. ,-s*.

The " Tory " arrived on Monday with a cargo of horses,-cattle, and sheep. She had a favourable run of 13 days, and came South-about. We have been favoured by Captain Row with a few Sydney papers to the 13th ult. The news from England was no later than that received by the "John Taylor." The Legislative Council of Victoria have re-enacted the Convict Prevention Act, which had been disallowed by the Duke of Newcastle. The Government supported the Queen's prerogative .of mercy ; the Opposition argued that to allow the influx of conditionally pardoned felons ■WJuldbe an unjustifiable abuse of the prerogative. The' Legislative Council of Tasmania have protested against the proposed removal of the Norfolk Island convicts into that colony, and petitioned the Queen to prevent an act which is regarded with " horror and consternation." Immigration has considerably abated ; only 3277 passengers landed in Melbourne during the month of September, The revenue, however, had largely increased ; being for the quarter ending 30th September, £736,330, .again?

£462,340 of the corresponding period of 1852. Three of the robbers of the Gold escort were hung on the 3rd October. Crime seems to be very prevalent, and many murders and outrages are reported in the papers. . An Inquest was held on Friday on the body of William Gee, whose body was found on the hill side the previous day in an advanced stage of decomposition, he having been missing since Wednesday, 28th Sept. It appeared from the evidence that the deceased, who was of weak mind, came into Lyttelton to go into the Hospital, but for •ome unexplained cause returned up the K .'Bridle-path, and when at the Saddle, half way up, went off the track, apparently in a atate of excitement, and then lying down, ..perished from exhaustion. A verdict in acicordance with this evidence was returned.