THE "Wellington Independent." Wednesday, May 28, 1851.

Wellington Independent, Volume VII, Issue 587, 28 May 1851, Page 2

THE "Wellington Independent." Wednesday, May 28, 1851.

There is something beyond a joke in the assemblage of the General Legislative Council; and the feeling of mirth excited by the ludicrous appearance of some of its members, may well yield to the serious desire of earnestly enquiring into its actual constitution, as compared with the laws and Royal Instructions by which its proper constitution, is authorised.

On reference to the Instructions of 1840, it will be found that the Council ought to consist of the following members :—

That is to sny, the Colonial' Secretary'of New Zealand for the time being, or the person who for the time being shall be lawfully acting in that capacity; the Attorney-General for New Zealand for t!ie or the person who for the time being shall be lawfilly acting in that capacity; the Public Treasurer of New Zealand for the time being, nr the person who for the time being shall be lawfully acting in that capacity,. and the. three Justices of the Peace whose names shall be standing first in order in the general Commission of the Peace issued by the Governor or officer administering the Government of New Zealand, such Justices of the Peace being at nil times persons not holding any office or place of emolument at our pleasure,or at.he pleasure of bucli Governor or Administrator of the Government,'nnd eucli Commission of the Peace being revocable and renewable from time to time by such Governor or Administrator of the Government as'lie rnny find occasion.. ;

By the '3rd clause of 11 Vict, chap 5, (the Suspending Act) it is enacted :—

That for the time during which the said first men* tioned Act, Letters Patent, and Instructions continue to he suspended ns aforesaid by virtue of this Act it shall be lawful for the Goveruor-in-Chief of tbe said Islands, from time to time as he may think proper, but subject to the disallowance of her Majesty as hereinafter mentioned, to add to the members of the said Legislative Council, and for that purpose from time to (ime to summon and appoint such person or persons as he may think proper to he personally or by virtue of his or their Office Member or Members of such Legislative Council; and the snid Legislative Council with such additional Member or Members, and every Member thereof, shall have and exercise the same rights, powers, jurisdiction, and authority as the said Legislative Council or any Member thereof had or exercised before any addition to. the same was made.

Of the four officers first mentioned, there is only one in existence, namely, the Governor-in-chief. The other throe no longer exist; for it would appear that Messrs. Sinclair, Swainson, and Shepherd, by taking the oaths in their spective offices for New Ulster, ceased to hold those offices for New Zealand.

We are not aware whether there be, or not, any general Commission of the Peace issued by the Governor of New Zealand now in existence, or whether the last one so issued has been determined by the Commissions of the Peace since issued by the Governor, or LieutenantGovernors of the respective Provinces, To the best of our belief, however, no such General Commission is now in force, ' ; -

It appears, th ! ehrtliat6"ut"df the seven ex-officio Members , designated by her Majesty, only one is to be found. The substitute adopted by Sir George Grey for the missing six, is at least open to re* mark. Exorcising, we presume, the powers vested in him by 11 Viot, chap. 5 , his Excellency has summoned, or is at least understood to have summoned, officers bearing, in the Provinces, similar offices to those of which, for the whole colony, there are no occupants. Until such officers actually appear in the Council-room, it must of co'u.rs.e, remain a mystery whether such be the case or not; but it would appear that after the return of H. M. S. Fly from Auckland, an easy sum in political arithmetic will declare the Colonial Secretary of New Ulster added to the Colonial Secrotary of New Muuster, to be equal to the Colonial Secretary of New Zealand; the Attorney General for New Ulster added to the Attorney-General for New Munster to be equal to the Attorney-General for New Zealand; and the Colonial Treasurer of New Ulster added to the Colonial Treasurer of New Munster to be equal to the Public Treasurer of New Zealand.