West Coast Times. MONDAY, AUGUST 26, 1867.

West Coast Times, Issue 599, 26 August 1867, Page 2

West Coast Times. MONDAY, AUGUST 26, 1867.

The " Grey River Argus " makes an attempt — which we are bound to say appears to us a very unsuccessful one — to prove that the separation of the district north of the Teremakau, with a view of its annexation to Nelson, is an object attainable under the " Constitution Actj" and that it may be procured by petition to the General Assembly, without compliance with the btringent conditions imposed upon petitioners under the "New Provinces &ot." We join issue with our ooutempoi'flry, ftn4 >viU emleHYor to glvo our

own reading of the Constitution Act side by side with his. It is only a matter of fairness in a controversy of this kind, in which there can be no object but to arrive at a correct interpretation of the law, not to paraphrase or translate an opponent's argument, but to give it in his own words, and so let it have all the weight which his mode of putting it coufcra upon it. We quote therefore Somewhat fully from, the " Argus " of Thursday last—the more readily that we have repeatedly asked our contemporary to point out distinctly the provisions df ,the law under which 1 the Annexation Committed proposed to proceed, and the passuges which follow are the first direct response made to our challenge. The " Argus '• says :—: — " Our contemporary appears to have lost sight of the fact that the New Provinces Act, 1858— with, the conditions of which any district striving to obtain a separate Government must' comply — has nothing whatever to do with the alteration of the boundaries J of existing Provinces, the power to effect which is expressly given to the General Assembly by the Constitution Act. Although it is quite true, as Mr Barff tcld his hearers the other day, that there is no special Act in existence for making an alteration in the boundaries of Provinces, because such Act has not been rendered necessary, we may remind our contemporary of a circumstance, which will no doubt now occur to its reinenibratfce, which affords strong collateral proof that the Assembly can, at discretion, make alterations in the boundaries of Provinces. Last session of the Assembly a measure was contemplated, having for its object the addition of a portion of the south-east territory of Auckland to the Province of Hawke's Bay, in order the better to secure the local subjection of the turbulent natives, a recent example having been afforded of the greater ability of the Hawke's Bay authorities to deal with them. That measure was allowed to fall through, but still the fact remains that an alteration of the boundaries was contemplated, and that is sufficient evidence of the ability of the Assembly to make such an alteration without any recourse to the provisions of the New Provinces Act. That Act, and the conditions prescribed by it, apply only to the establishment of a new Province. And it is only just that before the power of self-government can be granted, the district demanding it should be able to give evidence of possessing certaiu essential requisites — as, for instance, 'not less than 350 registered electors.' The non-necessity of having to comply with the stringent provisions of the New Provinces Act, constitutes one strong ai'gument in proof of the greater convenience of the Grey programme. The petition of this district will not be for ' Separation,' but for 'Annexation'— *the latter necessarily including the former; and we have every reason to believe that as the proposal will be supported by the Nelson Government, and not objected to by Canterbury, it will be carried out without much difficuly.' 1

All this is plausible enough as it stands ; but we apprehend it will be found that the whole argument is based upon a misreading of the Constitution Act the ipsisimavtrba of which we shall quote in preference to giving any version of it of our own.

The New Zealand Constitution Act is an enactment of the Imperial Parliament, passed in the year 1852, and it has been twice subsequently amended. The original Act established certain Provinces, viz., Auckland, New Plymouth, Wellington, Nelson, Canterbury, and Oiago, anl provided them witli a form of Government, consisting of a Superintendent and a Provincial Council. It also established and conferred certaiu powers upon, a General Assembly for the whole colony, to consist of two Housed. Amongst these powers the 69th section declares that — " It shall lie lawful for the said General Assembly, by any Act or Acts, to constitute now Provinces in New Zealand ;" but that " any Bill for any such purpose shall be reserved for her Majesty's pleasure thereon.'' By the Amendment Act of 1857, certain sections of the Constitution Act wci % c repealed, and amongst them section sixty-nine, conferring the power of creating new Provinces. But iv "an Act respecting the establishment and government of Provinces iv New Zealand" — the latest amendment of the Constitution — the preamble recites that, " Whereas by an act to grant a Representative Constitution to New Zealand, it was provided that certain provinces therein mentioned should bo established. * * * And by the sixty-ninUi section of the suid Act it should be lawful for the General Assembly to constitute new Provinces, and to alter the boundaries of any Province for the time being existing : provided always that any Bill for any of the said purposes should be reserved for tho signification of her Majesty's pleasure thereon; and [by the Act we have last quoted] it was enacted that tli3 sixty-ninth section of the said first recited 'Act should be repealed ; and that it should be lawful for the General Assembly to alter, suspend, or repeal all or any of the provisions of the said Act, except under certaiu provisions therein specified." And whereas (we now use our own words) the New Provinces Act of 1858, authorising the Governor to constitute new Provinces in ihe manner prescribed in it was passed by the General Assembly ; and such new provinces were established ; and doubts had arisen as to the competency of the Assembly to make such provision ; and it was desirable to remove such doubts ; and an Act of Parliament to declare valid such Act of the Assembly was accordingly passed ; and whereas it was expedient to repeal such Act of Parliament, " and to make fresh provision respecting the establishment of new Provinces in New Zealand ; be it therefore enacted," Sec.

In these words, we have the sole purpose and "intention of this Act, distinotly defined. " Whereas it is expedient to mako fresh provision for tho e&toblUhmsn v ef now Frovltumi in Sfow

Zealand." When we say " sole intention," we do not overlook the circumstance of a clause being tacked on to the Act, enabling the General Assembly to repeal or amend the 73rd Section of the Constitution Act, exempting land of aboriginal natives from the operation of the Wuste Lauds Itegulations. We come now to the clause of this Act, upon a certain readiug of which, we presume, our contemporary relies, although he does not quote it. It is Section 2, and reads as follows:—" Subject to the conditions hereinafter mentioned, it shall be lawful for the said General Assembly, by auy Act or Acts to be by them from time to time passed, to establish or provide for the establishment of new Provinces in the Colony of New Zealand, and to alter or to provide/or the alteration of the boundaries of any Provinces for the time being existing in the said colony, and to make provision for the administration of any such Provinces, and for the passing of laws for the peace, order, and good government thereof." The obvious mSanipg of the words we have italicised; is that the General Assembly shall have power to make such alterations of boundaries of existing Provinces as may be involved in the c mstitution of new Provinces. If Westland becomes separated from East Canterbury, the boundaries of the now existing Province of Canterbury will have to be altered in conformity with its change of frontier. It will be bounded on the west no longer by the ocean, but by the Dividing Rauge. It is a -necessary part of the act of creating a new Province, that the boundaries of the Province from which the district separates must be readjusted. The "New Provinces Act," which this Act of Parliament declares to be valid and in force, confers authority to fix the boundaries of any new Province created, and in that sense to alter ihe boundaries of existing Provinces. The" word " And " in the clause is fatal we apprehend to the interpretation sought to be put upon it by the annexationislsi Had the word" or '' beenu^ed instead, it might have been Contended with some show of reason, that it was intended to give the Assembly two powers — that of dividing a Province into two, and that of taking territory from one and adding it to another at its pleasure. No one can read the section with an unprejudiced mind, as it appears to us, without seeing at once that the act of defining new boundaries is part and parcel of the uct of establishing new provinces. If this view of the case needs auy further confirmation, we may surely appeal to the fact, that so adverse is the spirit of the law to the alteration of the boundaries of Provinces, except as is involved in the division of an existing Province into two parts, that no petition for Separation can be received which does not distinctly set forth the allegation that the district so petitioning does not comprise any portion of more than one Province. We contend, therefore, that the Grey can only petition under the "New Provinces Act," aud that it must comply With all the provisions of that Act before it can obt tin a hearing of its case. As to the proposal made last session in the General Assembly to detach a portion of the Province of Auckland and annex it to the Province of Hawkes Bay, it is no evidence whatever — no implication even — of the existence of any power in the General Assembly so to deal with boundaries. It was proposed by Mr Fitzgerald, to whose mind it doubtless suggested itself as a means of more easily dealing with the Native question, of which he then had the special charge. But, if we remember rightly, the proposal was at once met by the objection that it was tantamount to the creation of a new Province under impracticable conditions. Our contemporary's argument amounts to this :— Because the proposal was made we must infer that it was legal. But it may, surely, with much more force be contended that its abandonment shows that it was found to be illegal.

We have before us a copy of the new Bill to amend the Representation Acts, the immediate object of which professes to be to confer a larger share of representation in the General Assembly upon Westland. The measure is simply an insult to the district. It proposes, after the end of the general session of the Assembly, to make the present member, Mr Moorhouse, member for the Westlaud boroughs, viz., Hokitika and Greymouth, and such other towns as may hereafter become incorporated under an Act of the General Assembly — and to give one member to the whole of the district of Westland lying outside of those towns ! The Bill speaks of two Electoral districts, Westland North and Westland South. But North Westland is a district wholly within the Nelson Province, South Westland extending from the mouth of the River Grey to the River Awarua in the extreme south of the province. Never was there a more apt illustration of the old fable of the mountain and the mouse. A gift of one goldfield member to sit amongst the seventy -two composing the House of Representati ves,and that gi ft deferred until the present session of Parliament shall have been closed, is the mighty concesr sion proposed to be made to us by Government in response to the petition of the people forwarded to Mr Moorhouse for presentation to the House during the last session of the Assembly, and in fulfilment of the liberal promises then made to that gentleman, and through him to us !

The same provisions as those contained in the Bill defeated a week or two back on Mr Moorhouse's amendment, with reference to the formation of electoral rolls, on the basis of qualification in respect of lands and tenements, are embodied in the present measure ; but a new clause has been introduced to the following effect : — " Every person entitled to vote by virtue of • The Miners' Representation Act, 1862,' and ♦Tho Miners' Representation Act, 1 863,' and. • Xbe MJuorV Ropgseatfttion Ast

Amendment Act, 1865,' shall be quah'fied to be elected a member of the House of Representatives for either of the said districts of Westland North, "Westland South, and Westland Boroughs provide*! that nothing herein ddntaiiies shall be deemed to disqualify any person for election, for either of the said districts if otherwise qualified according to law to be elected a member of the House of Representatives." As thelJill contains iiothirig to the cpntrary it may be assumed ( that the several Acts conferring the mining franchise are not affected by it. If passed, the Act is to continue in operation until the dissolution of the General Assembly, which shall happen next after Ist day of October, 1871, and shall then cease ; and upon such dissolution, unless otherwise provided for, the present District of Westland, as constituted under the existing Representation Act (1865) will be restored. The measure adds in all two members to the House, North Westland being taken out of the present Nelson District of Walmfea* We canuot congratulate the Government on their liberality, ndr the district upon the worth of the concession made to it.

The Civil Sittings of the District Court commenced on Saturday. The only case qf importance was Smith Y. Ponsoiiby) in wliich the plaintiff, on the motion of Mr Harvey wa3 nonsuited, on the grounds that defendant, as master of Claud Hamilton, had no right, when the vessel was in a port where an agent for the owners resided, to enter into a confcraofc for lightering the ship ; and that, if an action did lie against the defendant in his private capacity, it ought to have been for the damage sustained by plaintiff through defendant entering into a contract with him, which he (defendant) had no power to make. Mr Eees, who appeared for plaintiff, intimated his intention of lodging notice of appeal. The Court adjourned to eleven o'clock this morning.

Tho coach from Christchurch arrived on Saturday evening at 6 o'clock with the follow* ing passengers i — Mr J. A. Bonar, Secretary fdr the Goldfieldsj ftr r G. S: Sale, under Secfe* tary, Mrs Millbank and family (6), Mr aiid Mm Hard, Master Marks (3). The road is reported to be in good condition.

The following is the return of Eevell-streefc gaol for the week ended 24th August, 1867 :—: — Admitted during the week, 2 males sentenced to hard labor. Discharged, 1 male ; transferred to Hokitika gaol, 1 male. Remaining, 23 males to hard labor ; 1 male on remand, and 1 lunatic. Total, 25. Deposits to the amount of L 297 6d were placed in the Hokitika Savings Bank during the past week. The City Theatre was well attended on Saturday evening, when " Ireland as it "Was" was performed, Mr and Mi-sO'Neil taking tne" principal characters. A musical melange", and dancing in character by Johnny Burgess, formed part of the entertainment. At the conclusion of the piece Mr and Mrs O'Neil were called before the curtain, when Mr O'Neil briefly thanked the audience for the honor paid to his wife and himself. This Mrs O'Neil takes her farewell benefit in Hokitika, the pieces selected being " Alhlej or the Eose of Ellarney," and the " Irish Diamond." From the known popularity of this lady as an actress we anticipate an overflowing house.

A crowded meeting was held on Friday evening, afc Kilgour's Hotel, Greymouth, to meet the delegates from the Westland Separation League. Mr Wickes was called to the chair, and he requested Mr Barff to address the meeting, which that gentleman did at considerable length. Mr Whall next spoke and was replied to by Mr Barff. Mr Harrison then addressed the meeting, and Mr Barff replied to that gentleman's statements. A resolution was passed to the effect that the district of the Grey having elected a committee to prepare a memorial for Separation, thii meet* ing does not consider ifc advisable to co-operatd with thfe Westland Separation Lefcgue. Mr Dale expressed himself in favor of working harmoniously with the people of Hokitika. A vote of thanks to Mr Barff for his attendance, and to the Chairman, terminated the proceedings ; the full report of which has not yet reached us.

The following letter, dated August 17, and received yesterday from Auckland by a gentleman of this town, has been submitted to us for publication : — " I cannot at present give you any information about the Thames goldfield that would justify parties of diggers coming here, save perhaps a few thoroughly practical reefers. No holes have been yet bottomed owing to the bad weather. I have just now inspected a few lumps of rotten quarts, broken off the reef that was found in the vicinity of the ground under trial. They are deeply impregnated with gold, similar in quality to that of the Cororaandol reefs. Ifc is reasonably believed that the range, extending from Cape Colville to the Southwards abounds in reefs, but prospecting cannot be carried on to any extent until the natives agree to throw open the lands to the digger. Should the country prove payable, its extraordinary facilities will contrast very widely with the difficulties and disadvantages which have had to be met in all other New Zealand goldfields. Provisions can be obtained at Auckland prices, that town being distant a few hours sail only. There is plenty of wood and water, native produce of all kinds, and a mild climate. I have no doubt that I shall have more important news to communicate by next mail."

On Saturday evening Signor Verfcelli made another of Ms grand ascents on a wire rope, stretched across Revell street from the Commercial Hotel. He passed twice along the rope, and then executed a number of gymnastic feats upon ifc. A large crowd witnessed the performance.

Tiniaru asks for Separation, or what ifc considers tantamount to it. The "Timaru Herald" of the 17th instant complains that there is nofc " a postal delivery" iv Timaru,,^ and the General Grovernnsenfc have replied for their request for one, to the effect that they do nofc consider Iho circumstances of the district warrant the expenditure.

News from the North, brought by the Lord Ashley, ia portentous of fresh hostilities consequent upon outrages by the natives. The late report of the murder of four whifceg at. Hftwlco'g Bay it, however, oeat* adjotedi Awftf t to to? t*fcw }\m it Htiw, ?<k

suiting in the destruction of five buildings, and of upwards of L 12.000 worth of property.

Dr. Julius Haast, the Provincial Geologist, has had the distinguished scientific honor conferred upon him of being elected a Fellow of the Eoyal Society of London.

Everard Whiting Jones, Esq., of Hokitika, has been appointed to be Curator of Intestate Estates within the colony, and as such to act within the "Westland district j his office to be" kept at Hokitika. the Hon. Dr. Mohzies has proposed to introduce a Bill into the Legislative Council to limit the number of its members.

Major Atkinson has given notice that he will ask leave of the House of Eepresentatives to bring in a Bill intituled "An Act to disqualify Public Defaulters from holding the office of Superintendent of any Province or other public office, and from sitting in either House of Assembly." -We have to acknowledge No. 5 of Parliamentary Debates, viz., for the week ending the 10th inst.) together with Extra sheets^ bringing the reports down to the l6th.