THE DELEGATED POWERS.

Dunstan Times, Issue 264, 17 May 1867, Page 3

THE DELEGATED POWERS.

(TO THE EDITOR OF THE DVSSTAJf TIMES. Sir, —The events of the past few week will form a curious episode in the history of Colonial legislation. The exercise, by the Governor of New Zealand, of the power vested in him by sovereign authority and Colonial legislation; and the consequent appointment of an agent to carry into effect the intentions of the legislature, has been the signal for a junto of Provincial Councillors to initiate rebellion. The following are the facts, perhaps not yet generally understood. Immediately after it became known that Mr Bradshaw had been appointed ministerial agent, to administer the laws relating to the Goldfields in this Province, a meeting of members of the Provincial Council : was convened in Dunedin and a scries of resolu tions adopted as follows ! 1. That the Executive Council be supported in theit - endeavours to retain tbo control of the Goldfields in the bands of the Superintendent and Provincial Council, by every means in their power. 2. That this meeting approves of twelve fc&Oaths’ salary being guaranteed to the Wardens

who choose to serve the Provincial Government. 3. That immediate steps be taken to lay the state of matters 'before the Goldfield's popula- ! tiona. * , . | 4. That the members present agree to support j a vote in tlie Council lor defraying the expenses j of carrying out the objects of this meeting. Thus aimed with authority, with an order for their pay and a bribe in their hands to decoy the warden’s from their duty ; a parly of agita-* tors started for the Goldfield’s, took forcible possession of the offices of the gold-receivers > and called public-meetings of the inhabitants to sanction their proceedings. Diggers hun i?d from their claims into the arena of politics contention, and were summoned to take a stand against the authority of the General Government, and enroll themselves under the banners of the magnates of Dunedin. Diggers—inhabitants of the Goldfields—the appeal has been made to you : the question principally concerns you. It is this who shall rule over you! Its solution should rest with you. Let us consider the question. The appointment of an agent in lieu of the delegation of power to the Superintendent, is said to have been determined on in consequence of statements contained in Dr Knight’s report ou the financial position of the Province. It will be the duty of the members for the Goldfields to obtain an explanation of the facts from the ministers, at the meeting of the Assembly. Suffice it to say, at present, that this being the case—no indignity can have been intended to the Superintendent—as has been clamarously asserted; responsibility for the state of the accounts or any mal-administration rests entirely with his predecessors in office. It has been asserted that the appointment of an agent, distinct from the Superintendent, is illegal and unconstitutional. By the New Goldfield's Act, the supreme control of the Goldfields administration in all the Provinces is vested in the Governor and Executive Council. By the 55th Clause, the Governor is empowered to delegate his power to the Superintendent of a Province—or any other person. The delegation of power to Mr Stafford, the Colonial Secretary is therefore perfectly legal. The agent, Mr Bradshaw, is merely a medium of communication. The principal is the party acting and responsible; and the legality of an not affected by the personnel of the agency. But it is said it is unconstitutional—that the powers and privileges of Provincial institutions are a part of the constitution of the Colony : and these confer on the Superintendent and Provincial Council supreme control in the administration of the laws within the Province. But it must be remembered that gold and | silver are "royal metals:” that the right to I mine for them is a prerogative of the crown— I and no constitution, colonial or provincial, can I take away this primordial-right. And, there- | fore, to withdraw auriferous land from the 1 ordinary control of Provincial legislation, and 1 place them under the special surveillance of the I Governor—as representing the sovereignty— | is not unconstitutional. The claims that are being put forward would invest the Superintendent with inherent right to legislate for the Goldfields ; and deprive the Governor and Legislative Assembly of all power of inturfercnce. i v. There Is a strong undercut nt of clanship aid exclusiveness in the stream of Dunedin politics: 1 a d too much of the spirit of the counting-house, j The question—Will it pay? is the recognised criterion of political principle. A strong feeling of inhabitiveness also prompts our poli i ians to idolise locality ; and to conform Unity of system j with territorial aggrandisement. Their efforts ! to retain the control over the Goldfields show s the spirit of their policy, which is to centralise in Dunedin the power and resources of the country—the very policy which in others they affect to condemn. The ministerial agent, resident on the Goldfields, will be comparatively free from these sinister influences : and, consequently, in a more favorable position for administering the laws and judging of the necessities and requirements of the mining populations. He will be accessible to complaints and suggestions ; and keep a strict suveillance over the wardens and other officers of the Government. The appropriation of the surplus revenues, to the endowment of local institutions and to promotion of works of public utility or convenience, will be productive of the most beneficial results. The advantages of local government will be immediately conferred on the Goldfields ; and, in process of time, by the establishment of local institutions, the full development of the principle of self-government will be effected. All history, and especially recent colonial history, shows that there is a tendency in all established powers to encroach on the liberties of the people, and the interests of the countryare sacrificed to the aggrandisement of the scat of authority. Diggers—inhabitants of tbe Goldfields—be on your guard against tbe working of this principle, and let not the welfare of the country districts be endangered by the lust of power and commercial cupidity. I am, Sir, CIVIS. Kawarau Gorge, May 14, 1867.