AUCKLAND.

Taranaki Herald, Volume I, Issue 24, 12 January 1853, Page 3

AUCKLAND.

We have reioived Auckland ppcrs oi the 26th ult. by tho Overland Mali on Friday, They contain nothing of importance, and arc, strange to my, entirely barcl)f all news irom the gold diggings. Our contemporary tho Southern Cross lias a good article on the present position of the provinces, from which wo make the following extracts :— • " According to the forthcoming Constitution, llio iimplcst act in the administration of jostlco will be placed boyond the reach of tho Provincial Councils. They will not be empowered to establish the pettiest court for the recovery of small debts, or any obligations of a civil nature ; nor will thry be permitted to modify or supersede the present odious and anomalous courts of Resident Magistracy. No sucli barrier now exists. In framing tha present Provincial Councils Ordinanca that fact In all probability escaped the Governor*! notice i but in hit Excellency's suggestions for tha measure upon which the Constitutional Act hai been bated, a picventive clause hat been dexterously introduced. We place the 2nd clause of tha ciccpted article* of provincial legislation disallowed by tho new act, and tho 2nd and 3rd clausoi of tha prcicnt Provincinl Councils Ordinance in juxta position. The material alterations will at once bo apparent : Provincial Councils Of' - (Unancc. New Act. 2. For the establishment 2. The establishment of a General SUpremO or abolition of any Court, to lie n, court of court of judicature of original jurisdiction, or of civil or criminal juris* appeal fiom any of tho su- diction, except court* pcrior courts of any such for trying and punishseparate province as afore* ing such offences as by said. the law of Nrw Zca3 For determining the land are or may be extent of tho jurisdiction made punishable in a or the course or manner of summary way, or alter* proceeding of such Gene* ing the constitution, ral Supremo Court, or of jurisdiction, or prac« tho said Superior Courts, tfee of any such court, except as aformld. "The establishment of Resident Magistrate* Courts has all along been a pet echcino of Governor Grey's. To erect them lie did not scruple to <lc stroy Iho Courts of Request. It is highly probabls therefore, knowing the strong and universal feeling that prevails against these Reiident Msgistrates Courts, that he feared a really local self government would overthrow them. Accordingly, with hit usual Ingenuity, (8100 Book, 3d M>y, 1852, clauses 41 & 42) he thus misleads the Colonial Minister, and strives to perpetuate their existence in their present objectionable form. 41. I, perhaps, ought here to add that, in eoor fornoity -with the terms of the charter and Roya instruction*, it is only provided In the Provinces Councils Ordinance, as now transmitted to your lordship, that <ho«e council* aball not legislate upon the several subjects named In the charter and instruction*, and in a >>übieqiient despatch addressed to me by your lordihip. If this question waa left entirely lo my discretion, I should, with a view •( securing uniformity in the administration of justiea throughout tho entire islands, ptohibit the Pro-

i«njag. "mica .' "-'* ■w>i>JiggSißX»«MMu.JJiuu«Mi«JW vincial Connci'K, in addition to the other snlj^cU named in the enclosed Ordinance, fiom mnk'uig nny for tlie establishment of nny courts of judlcaturo, criminal or rivil, or for llui alteration of the comtitution of, or counts of prnctlco in, nny fiucta eoartit. 72. I perhnps ought to explnin that the Reeliicni Magistrate* I allude to Arc Jmlinnl oflTiocri, np pointed under n local tnw, termo I ilio " Kaidant Mnj>i»lratc» Ordinance," nnd who nre intmstrd with considerable nnd peculiar power* for [lie mljnslmrnt of criminal nnd rivil ciiccs, In which Europeans, or Euro|cniiß iinrt Mtoric«,or Muorios nlonn, urc concerned. The low lo nliirli lam ndveiling waidcvlnid nnd frnnud nil!) Rfcnt enro to meet the peculiar eircumnlnnccn of a Kuro|Cin race mingling nitli a population just emerging from bnrhamin. ii it highly cittotmcd by (ha Native*, who now rnnrt freely to liiu courts of the Hcfci'li nt Musii-traini; nnd if nny rirrnvatancp nhi >ild ncvur tvhicli rlosed those cmirls, I fear thnl f>n in (l^rontent nml relieved riinltirbnncn Would inlsf i'likc nim.ngit Ilio nuti-vc population, "If ilmi lm existing Promr.ial Council bo not on«iiic<l, tin Miccuntior cannot amend or supprcto ilio Courts of Resident Magistracy. They munt remum, in fi»cc, until uiiotbcr Constitution shall hiipoiidle the brilliant enactment for which wu have «o lung nml bo urgently mipi>llcntod." The following gratifying account of the reason's promi-e forms) the leader of the New Zcalandcr on the 25th ult. :— " The accounts which reach 119 from various quarters of tho abundance of tho harvest, which ig now In progrc«t of ingalhcrinp, nro, wo arc happy to state, of the moit gratifying character, girlng every assurance Unit there will he ' seed for the tower, and bread for tho cater,' and tbtt the toils of tho hniiwndmnn will be requited with, n rich. ncs» even surpassing! hut to which we are ordinarily necttitomcd in this feriilo country. The sctnon in all its *arlcd changes has been most propitioui to nßiletiUur«l purs«it». We have been pn ieiiksrly 11(1 nek liy the roport* of tbo promise of dtc wheat hurrcst— iiidced more than |<roiniv— Us niluaj rmlizitlon in nt least one inninnco in tlie immc- i dlatfl vicinity of. Aucklnnd. We nllude to Iho fnrm tif Mr. John M'Elualn, tiheic five ncrcs of n* msrknbly fino wheat havo alicndy been renpe' 1 , fi<e acres more nro fully ripe for the sicMc, i>n.l ntimii ten nereis in addition arc rapidly altninin mn'urity Tlio Innd upon whicli this was raised tvni only tome 12 or 14? months ago an uncultivated n ild of fein nnd ti. tree; but, by repeated ploughing*), nnd the ixroing of tho seed in the monlli of Jumi (Instead n( In tlie spring, as Is tho cuotom of many in the neighbourhood), the result has been not only on ample return but a crop earlier limn, 10 far at we tmvo heard, has hitherto been obtained liorc. " On this day, which fcxn remoter antiquity has been Associated with thought's m.d feelings of thankfalneia and joy, It may writ beenmo us to remember this nmongit the mercies for which we should be grateful to Him who " Makes tho gr»s3 tbo hilli adorn, And clothes tho smiling fields with corn." Very many have been nillng— in substance or in the precise words— that ' it might please Him to givo and preserve to our vie tho kindly fruits of lha earth) so on in dun time we might enjoy them;' and It may accord with the other and more special emotions which tlie great festival of Christianity celebrated at this noason U calculated to awaken' to call to mind, and to suitably ocknowlcdgo tho answer to this petition which hul tv;en go bountifully vouchsafed."