SELECTED ARTICLES.

Wellington Independent, Volume XVIII, Issue 1968, 10 October 1863, Page 6

SELECTED ARTICLES.

rHE OPENING OF THE N'EWSUPREME ] COUBT BUILDINGS. « From the Wellington Independent, of Sep 24. V very interesting event lonic place yesterday ' v the formal opening of :> building dedicated i ,o the administration of justice, and containing i jourts for the Supreme Court of New Zealand, , • md for the Resident Magistrate of Wellington. Little more than eleven months ago, on the Jth of October, 1862, the foundation st-ine was ( .aid by his Excellency Sir George Grey. Since ] ■bat period, the contractors have proceeded ( rapidly with the work, and a few days ago were enabled to announce its completion, when it < *as resolved to open the building in a formal manner, and hence the ceremony of yesterday. Unfortunately, as ofLen happens at this incle- • went season, the weather was by no means ' propitious. For a day or two previous, it h<id been very wet, and yesterday forenoon, the rain ' poured down in torrents, il.reatening ruin to ( the toilets of those ladies that intended to be ' present, and doubtless causing many to remain it home, thereby robbing the ceremonial of its ' most attractive feature. T!ie appointed time t was 11 o'clock, and short's- before that hour, ( the Magistrates, Heads of Departments, Members of the Legislature, Ministers of Religion, and Officers in her .Majesty's srvvicß, who were to be favoured with a. reception by his Honor i the Judge, had assembled together, and were < shortly afterwards ushered into his chambers i behind the Court House, where they were ] formally introduced to him each in turn passing ' the Judge, bowing and shaking hands. The ! Levee having been held, the visitors passed through the doors of the Judge's and Registrar's ■ rooms into the Court House, and took their places on the reserved seats on the right of the Bench. v - Amongst the legal gentlemen present we observed Mr Hart, Mr Brandon (Provincial Soli citor), Mr Boilase, Mr IzaH, Mr Cbeesinau, and Mr Allen, while the Court officials on the upper seats, were H.St Hill, Esq, Sheriff; R- R. Strang, Esq, Registrar; J. E. Smith, Esq, Deputy Registiar , \V. R. E. Browne, Esq, Deputy Sheriff; E. Baker, Esq, A. S. Allan, Esq, &c. Amongst the occupants of the reserved scats were the Rev A. B. Stock, Rev F. Thatcher, Rev J. Aldred, H. Clarke, Esq, D.A.C.G., Adjutant Lewis, E. Battersbee, Esq, Hon John Johnston, G. Hunter, Esq, W. Tuinbull, Esq, J. C. Crawford, Esq, W..Lyon, Esq, C. W. Schnltze, Esq, Capt Sharp, C. It. Carter, Esq, J. Woodward, Esq, E. Miller, Esq, VT. Hickson, Esq, S. Carkeek, Esq, D Luwis, Esq, J. Hoggard, Esq, W. B. Rhodes, Esq, T. Kebbcll, Esq, G. Moore, Esq, A. P. Stuart, Esq, E. Pearce, Esq, J. F. E. Wright, Esq, M. Kehble, Esq, C. France, E^q, and several other of our principal citizens. ■ The following leading Queen Natives were also present: — Honiana Te Puni, Henare Te Puni, MateneTuwhare, Hemi Parai, Manihera Ngatoru, Rakatau (Chatham Inlands), Kuripa Te Jroi, Te Rira Ponitu, Iliaia Porutu, aud several others. The space within the bar enclosure, imrae diately in front of that devoted to the accommodation of the public was occupied by the ladies, amongst whom where Mrs Johnston, sen., Mrs Johnston, Mrs St Hill, Mrs Carter, Mrs Keene, Miss Featherston, and the Misses Riddiford. The space behind, and the gallery above were tolerably well filled by the general public, although the heavy rain which throughout the proceedings, could be heard pattering against the windows, doubtless prevented many, from being present. Everything being in readiness, a few minutes after eleven o'clock, ibe door on the right of the bench opened, and the Judge entered the Court and ascended the bench, followed by Major Gorton, and Mr Fitzherbert, who took their places on his riffht, aud the Bishop ot Wellington, Major Dwyer, and Captain Edwards, who occupied a similar position on the left. As the Judge and his cortege entered, the whole audience rose, and for a few moments almost perfect stillness prevailed. This was brukea by Mr Fitzherbert who, addressing the Judge, said it was a matter of great regret to to him, that his Honor the Superintendent had been prevented from being present on this important occasion ; but the exigencies of the public service required his presence in another part of the Province. He regretted this the more, as he was sure that the Superintendent would have been able to address the Court in a much more able manner than he waß. He congratulated his Honor upon the auspicious occasion of occupying a building devoted to the service of the Supremo Court, and trusted the arrangements for the accommodation of the Court were as complete as it was the anxious desire of the Provincial Government they should be. He then begged, in the name of his Honor the Superintendent, and the Province of Wellington, to band over possession, together with all the papers in connexion with the building. His Honor the Judge replied ag follows : — Mr Fitzherbert, — I also regret that His Honor the Superintendent is prevented from being here to-day : but I am glad to have an opportunity of expressing thus publicly, the thanks which are duo to His Honor and the Provincial Government of Wellington from the whole community, but especially from the Supreme Court and the Magistracy, for the erection of a suitahle building dedicated to the administration of justice. Notwithstanding the greater population and con. squent wealth of some other provinces of the colony, I believo there is not one which at present possesses a building appropriated to this important branch of the public service, nearly so commodious as that in which we are now assembled. I congratulate the inhabitants of the Province and myself, as the representative of the Supreme Court, upon the fact ; and the more so, becauso the completion of the building at the time will enable the Court of Appeal, composed of all the Judges of the Supreme Court to hold its next sitting in this place. I should be most ungrateful were I to omit to thank His Honor the Superintendent through you for the courtesy and consideration with which he and the architect have accepted suggestions respecting the accommodation to be provided for the Court and ita officers, the Bar and the public ; and if experience should prove, as possibly may be the case, that improvements may yet be made in certain particulars, I feel confident his Honor and his advisers will be found ready to sanction them. I cannot conclude without also thanking his Honor and the Provincial Government for the use of one of the ( handsome halls of the Provincial Buildings accorded to the Court for the purpose of its sittings during the last five years. Before proceeding to open the Court he would request the Lord Bishop of Wellington to invoke the blecsing of Almighty God upon the work to be done within these walls. The Lord Bishop of Wellington then invoked l blessing in the following solemn terms. Almighty and everlasting God, who hast orlained and constituted the well-being of Society, iccording to the Eternal Laws of Truth and rustice,. of Wisdom and Love ; grant unto ua and i ill who from generation to generation shall asenable here for the due administration of Justice <

that they may ever live and act as in Thy Presence, and may remember, that Thon sittesfc in the Throne judging right. Defend 0 Lord Thy servants, and preserve them from a spirit of strife and litigionness ; but in all necessary and righteous causes dispose our hearts towards a true obedience to the Law. Grant that the Judges may regard not the persons of men, and may temper judgment w:th mercy. Grant that those who plead the cause of others may remember Thy Holy name and ever be the advocates of Justice and Virttle. And finally grant unto all Thy servants who may here from time to time boar witness in any cause, that they may carefully and boldly speak the truth ; so that in this, and'in all Courts of Justice throughout the Land, Thy Holy and Sacred Name may bo blessed and glorified through Jesus Christ our Lord. Amen. A prayer for the Queen, a prayer for the Governor, and the Lorda Prayer were then read. At Hie close of this solemn benediction, the .Tmlac bowed, and took his seat, an example followed by all present. The Court was then formally opened by the Crier, who made the usual time-honored prockitmtion. The Registrar then called over the list of special jurors. The Jndsjfe then addressed the special jury, the Bar, and the Sheriff, in the following terms :— Gentlemen op the Bar, Gentlemen summoned ox this Special Jury, Mr Sheriff, and Mb Registrar, — To us who meet hero to day, not merely to witness an interesting ceremony, but to discharge our several duties towards the community, Jn the administration of justice, this assemblage of our fellow citizens must naturally suggest, considerations of grave import, reminding us of the responsibilities which devolve upon us, while it indicates to us sources of encouragement and support to be found in the sympathy and respect of the general body ot the people. It were needless for me, were it befitting the time and place, to pronounce any eulogy on the judicial system which we have derivcl from our great Mother Country, or to attempt to demonstrate what eveiy one here must fully acknowledge, that in England it is the harmonious operation of the constituent members of that system, with intelligent and honest juries, a learned, skillful, and fearless Bar, and an experienced and independent Bench, watched over by a I'ress representing an enlightened public opinion, alike vigilant in the support of authority and law. and jealous in checking the encroachments of power, (not using its liberty as a cloak for maliciousness), which affords the*ultimate and most certain guarantee for freedom, political and civil, religious and intellectual : and which is one of the most distinguished characteristics of the greatness of our native land among the nations of the world. Men worthy of political freedom ought to have a voice in the making of the laws which are to govern them ; and it is also good that they should have an opportuaily of assisting in the administration of the laws so made, and if need be in enforcing them ; for it is indeed worse thaa useless to make laws unless they tie voluntarily obeyed, or the breach of them bo effectually punished. The laws of England both written and unwritten, the great bulk of which are also the law of this Colony, have by this time reached to an extent and a state of complication (attributable, probably, in part to the conservative character of the people, and partly to the refinements and complexities arising from relations created by modern developments of commerce and enterprise) which will render the measures for their Condensation and arrangement, their amendment and simplification, now heartily and vigorously projected and commenced, works of enormous difficulty and labour, demanding for their completion, much time and patience, and the co-operation, of many very learned lawyers. But when I look back to the quarter of a century which has elapsed since I first became a student of law, and review the great reforms, (many of which can scarcely be appreciated by the non-professional public), which have— especially in later years, been carried out mainly by the'eftbrts of the members of the profession, to tfie advancement of the interests of justice and the convenience and well-being of society (though often to the immcd : ate loss of the profession itself), I cannot doubt that the great task of analysis and consolidation will ere long be achieved in England ; and I feel sure that this Colony, and all others whose law is founded upon the basis of English law, will not be slow to profit by results at which it would be utterly hopeless for them to attempt to arrive by their own unaided efforts. Complicated as the law is in England, the performance of duties connected with its administration is in several respects more onerous and anxious in a young Colony like this than at home. For new phases and incidents of industry and trade. of property and government, the construction of new laws, made by new legislative bodies, and the adaptation or application of old laws to new circumstances, create new relations and new rights and liabilities, respecting which it must often happen that the oracles of Englishlaw, either are mute, or give but uncertain intimations. And thus the legal profession here, lies under responsibilities in some respects more grave than those which they share with their brethren at home ; and those responsibilities are in the meantime aggravated by the impossibility or inconvenience of yet keeping tho two branches of tha profession, and the practice of different departments of law, separate and distinct; so as to enable each member to dedicate himself to the speciality most congenial, and for which he haamore special qualifications, and thus to develope that •' great principle of the subdivision of labour," " which tiie late illustrious and sagacious Consort of ' our gracious Sovereign, so happily characterised as " the moving power of civilization." And theseconsiderations are certainly not less applicable to the Bench than to the Bar ; since each of the -■ Judges is obliged by the circumstances of the Colony, singly and unaided, to undertake the duties of all the various superior tribunals in England : and although the Legislature has recently, in conformity with the suggestions and report of the Judges, established a Court of Appeal ; yet the necessary delay and expense attending a reference to that tribunal in the existing 5 circumstances of the colony, must in the mean- * time, render it comparatively inaccessible in. many • cases where the Judges would be most desirous . to have their decisions reviewed. Considering these things, and the great amount of substantial work which is done in Judges' Chambers, in bringing litigants to terms, and simplifying their disputes and saving them expense and delay and mortification, the Bench and Bar may well exhibit towards each other patience and forbearance, and expect to experience the same at the hands of tha public. And I feel sure that the public will aever be slow to sympathise with them when they earnestly strive to do their best. On an occasion like the present, it might be deemed an indication of indifference of which I certainly am not guilty, if I were to refrain from exprensing tha gratification I derive from the very satisfactory character of the relations which in this place subsist between the Bench on the one side, and the Bar and different classes of jurors on tho other ; or from tendering to the profession, to the jurors of the Province, grand, special and common, to tho Sheriff, Registrar, and. other officers of the Court, my best thanks for the respect, courtesy, and syin- . pathy which they always display, and the willing and intelligent assistance they ha,ve at all times afforded to the Court. On this point, I would only add that I trust the past will prove but an appropriate prelude to our future experiences in the discharge of our respective dutie3 in this building. 1 venture, also, to express the hope that the ceremony of this day in the presence of so many repesentatives 'of the general community of the Province, may not be without Us influence in promoting that harmony among classes of society, and public departments, which '>'L'

is the best evidence of social and political well- ; being. The work to be done within theso walls is indeed a sacred and solemn one ; affecting the whole body, and every member of society, in vital interests. " The whole tenor of public morals," says an eloquent divine, "is affected by the Btate of Supreme justice; it extinguishes revenge ; it communicates a spirit of puriiy and uprightness to inferior magistrates : it make* the great good, by taking away impunity ; it banishes fraud, obiquity and solicitation ; and teaches men that the law is their right. Truth is its handmaid ; freedom is its child ; peace its companion." I conclude by echoing the 'sentiments of the {nrayer offered up for the blessing of God on our ab'ors, and by expressing my earnest trust, that we all shall, in our respective station, be strengthened and enabled to discharge our duties in this place, as we shall wish we had done when we are called upon to render our account at the tribunal Of the Almighty. Mr Hart in replying for the Bar said — That as the oldest member on the Roll of this Court, it had fallen to his lot to Bay a few words in reply to the kind expression of opinion his Honor had been goad enough to make in relation to the Bar. He could not but re-echo the sentiment his Honor had expressed, and trusted the kindly feeling existing between the Bench and the Bar would long continue. He could not but remark, when lie looked around him, at the great contrast that presented itself to another building which they bad occupied in the early days of the colony, which was so well ventilated that it let in light, wind, and air in every direction. Members of the Bar who had pleaded in that Court, had risen to eminence in the other colonies The bar was much indebted to the Provincial authorities for the accommodation they had afforded them ; not only in providing such a commodious building for the public service ; but also for the accommodation which they had given in another building where they had more light than they had at present ; but he had no doubt that what was necessary to be altered in this respect would be done. He reciprocated the good feeling which existed between the Bench and the Bar, and trusted his Honor might? long be spared to preside over their deliberations. The case of Woodward v. Austin, was then called on, and the special jury sworn in. This concluded the more interesting pait uf the proceediugs, and thf gre.-iter portion of the spectators took the opportunity afforded by a short adjournment of the Court, to retire. Thus closed one uf the most interesting ceremonies that bas ever taken place in Wellington The erection of a fitting building to be set' apart for the administration of justice, is undoubtedly an indication of the progress which this province is making, despite the many circumstances which have hitherto hampered it. We believe that nothing will conduce more to raise the social and intellectual status of the community than the formation of a Bar of able men, sprung from amongst the colonists them selves ; and doubtless, when a tew years have elapsed, we shall find the sons of some of our most respected citizens, ieflpcling honor •on their profession within the walls of that building which was opened yesterday.