ORIGINAL CORRESPONDENCE.

Wellington Independent, Volume XV, Issue 1375, 28 October 1859, Page 6

ORIGINAL CORRESPONDENCE.

(To the Editor of the Wellington Independent.)

THE GOVERNOR'S REPLY. By thine own tongue thon art condemned And must endure our Law.—Shakespeabz,

Sir.—The despatch received by the White Swan in answer to the memorial of the Provincial Council is claimed by both political parties in this province as an endorsement of (heir separate opinions and therefore isreg-arded by both as a matter of triumph. Mr. Fitgherbert asserted in Council " that be did not think the Governor could assent to the Bill in the face of the veto placed on it by the Superintendent," be was sneered at for bis temerity in advocating such a doctrine, but the despatch under consideration affirms" the position thus taken as a correct one, for His Excellency's executive " are unable to recommend his Excellency to adopt either of the two courses suggested by the Council in thpir petition" as "it is clear that the Act of the Superintendent in withholding the Governor's assent from the " Public Money control Bill" is final and precludes the Governor from dealing with the Bill." On the other hand the opposition contend that the tone of the despatch is hitrhly condemnatory of the course adopted by His" Honor, and inasmuch "as His Excellency's Government declare they will not shirk from the responsibility of vindicating; the Law whenever the occasion arises" this declaration and the sug-β-estion thrown out of refusing a Bill of Indemnity as the future course to be pursued is an approval of the past policy of the majority of our provincial Council. And such itpresent is the position of the two parties. But, Sir, while this despatch may be thus said to he a matter of universal congratulation* it seems to me, (an ignorant and unlettered man), couched in such terms of ambiguity, that I can hardly, Icnnfess.decpheritsreal purport and intent, further, than suggestive of a line of conduct, which was nothing more than could be expected from a government so hostile in every sense of the word to each act and deed of Dr. Featherston's, as is the Stafford ministry. Let us briefly examine this document in ietail. After acknowledging the receipt of the petition of the Provincial Council, the despatch goes on to say, " that the expenditure of the Provincial Revenue by the Superintendent, otherwise than under the authority of an Act of Appropriation passed by the Provincial Council, is plainly contrary to law." Compare this with, the opinion of the Attorney-General, 'when he says, " That neither the Constitution Act nor the Acts of the General Assembly provide any remedy for the illegal expenditureDf the public money by the Provincial Authorities." Now ( Sir, how can you be said to be acting illegally* iv the absence of any law ? Again, " An urgent public necessity niay occasional justify or even demand tb? expenditure of public money in anticipation uf a legally granted supply," is not this contndiclory to the first declaration, that any expenditure otherwise than under an authority of an Act of Appropiration passed by the Provincial Council is plainly contrary to law." If this axiom is true what circumstance can justify or demand and an act of illegality on the part of a government ? and how reconcile this p irugraph with the opinion of the Attorney when be says " spending public money unappropriated by the Council—isclearlyboth unconstitutional and contrary to law." How can you justify an illegal act ? And can you I would a«k again commit an illegality when no law exists ? Another Bnoraally allow me to point out in this most perfect and satisfactory despatch, is that after suggesting that if the Council should refuse to legalise past expenditure, the responsibility of vindicating the law would rest upon the General Governrnpnt, s responsibility from which his Excellency's advisers would not shrink." it goes on immediately to add that the " existing remedies against illegal acts of the nature in question," again using a term which ia not justifiable, " entail consequences of undue severity and ill suited to the present political constitution of this colony." Such, Sir, are a few I of the contradictions I have noticed, wiser heads than mine will perhaps be able easily to reconcile them. What course will be adapted here I cannot surmise; if some hon. members «ouM preserve; political faith they would (after having dec'ar 4 in Council, that if the Governor refused to this Bill immediately resign,) vacate their snats, and it is only I opine In- such a step a >i nultaneoiis resignation of members t'iai we can hope to have peace, order, and good government restored. Apologizing for this intrusion, made with the hope of being enlightened on these points by some one more talented than myself. I remain your's truly " •