THE DELEGATED POWERS.

Dunstan Times, Issue 265, 24 May 1867, Page 2

THE DELEGATED POWERS.

(TO THE EDITOK OF THE DUNSTAS TIMES. Sin,—Having in my last letter, removed some of the objections that have been raised against the changes in the administration of the public business of the Goldfields : the next consideration—in proper order of sequence—should be, to pass in review the distinctive features of tho different policies of the two Governments ; for the purpose of judging of their comparative fitness and adaptation to the circumstances and sities of the mining districts. But this consflP ration, must for the present, be postponed; not only because the full extent of the changes contemplated i 3 not yet understood ; but, because there is leisure no longer for argument or reflection : the counsels of reason are uttered in vain : her voice is drowned amid the increasing clamoirs of exulting factions. The infatuation of cur rulers is carrying them onward in their mad career, till a ' coup de etat* is inevitable. Their purpose i 3 to imitate the modern practices of certain continental despots: who—since the democratic element cannot he entirely neglected, in political calculationsappeal, for sanction of their ill-gotten authority to " universal suffrage :" and by promises— trey seldom fulfill—by flattery and artifice, cajo'e the penplo into ncquiesence to their will : and thus rivet tie chain of despotic power more firmly on the nations. We are to have a plebiscite or universal canvass—a manifesto—called indeed a petition——is to be sent through the country for signature; to demand the dismissal of the agent; and conferring the fcupreme control over the Goldfieldf, as heretofore, on the Superintendent. The voice of tho people of Otago is to re-echo in sounds cf thunder, in the Halls of the Legislative AsseinMy. New, the chief point for consideration in any undertaking, is the means and probability cf succeeding. In the ease of the petition, were its objects in themselves, ever so desirable ; and were it signed by every man, woman, and child within the Province ; it would not have the slightest effect on the proceedings of the Government. The question is 'ultra vires:' its decision is exclusively ore of the functions of tho Executive ; and the people—legally and constitutionally—have no voice in the matter. The step has been deliberately taken, fcr good and sufficient reasons, which will in due time le divulged ; and with a full knowledge of its possible consequmcer. By this .' petition' a direct attack is made en the privileges cf the Executive by the attempt to coerce it, to abandon its proper functions, and to su'reader its discretionary power in the selection of its minister-; and agents; a power j possessed and acted upon, by every constitution- ! a! government in the world—democratic or mon- : archi:'.!: end a power which, as couid readily be shown, it i 3 absolutely necessary they should 'possess; fur the preservation cf crdir ar.d the welfare c: soaiety. The Governor and Executive Council are re- | sponsible for ihe administration cf the laws : 1 a id i", on examination into the affairs cf any cf ; the Provinces, it should be found that the lawr, relating to that Province, have not been properly carried into effect; have been violated ior evaded; or that ihe officers, entrusted with the administration of the laws, have I perverted the ends of justice, by their ignorar.ee, i tcapaeity, or corrupt practices. If the finarccs ; hi in disordered condition—tho revenue not I properly collected or accounted for—or misappropriated to the neglect of the purposes for which it was designed : If any of these circumstances existed, the public interest would imperatively demand that steps should he taken for remedying the evil, and carrying out in their integrity the intention of the Legislature. If the Executive did not possess the power of control and appointment, they would not be subject to any responsibility. It is more than probable—it is said in some circles to be the fact—that the law has been perverted, and that mal-appropriations have been made of the finances of the Goldfields of Otago : and this is the principal—if not the sole cause—of the change in the official arrangements. For two years past the resources of the Province have been declining and the revenue dedecrcasing, and unusual expedients have been adopted, to enable the Government to meet its liabilities. Wo know from history and experience that needy Treasurers have sometimes taken liberties, in the appropriation of public moneys, to purposes forbidden by law and established usage : and as the Treasurers of Otago have been placed in this state of temptation ; why it is possible they may have fallen in the house of trial, as others have fallen before them. The Dunedin politicians, however, persistently maintained that power of control over the Goldfields has been withheld from the Superintendent, by the ' malice prepense' of members of the Council: and from a settled determination to "swallow up'' Provincial InstitutionsSuperintendent, Provincial Councillors, and all* w (though the prophecy is not likely to he likralrP*. fulfilled, as it docs not appear that these gentlemen will be very much " delighted with tho operation'). This is cvidca'ly the view of the matter taken by the Provincial Treasurer in his speech on the 'petition' resolutions. A great genius for discoveries, this Provincial Treasurer I | He first di.-tw.Tcd that the Goldtieids' Act was illegal and afterwards he made a very great discovery, viz., a mare's nest, containing a note replete with antiquarian lore and arcana of creation ; and like the ("Ireek Philosopher, on discovering the principle of specific gravity, became wild with excitement—tho natural, perhaps the necessary consequence of so great a discovery —and as ho of old, ran about exclaiming, Eureka ! Eureka ! ! But we cannot pursue this subject further. It is of vcry'ittic consequence, even |if true. The Governor and hi:; ministers are tie appointed judges of the fitness of the officers <\. ■ the Government, for the prober discharge of

their duties j and if, in their wisdom, they judge erroneously : in other words, if their wisdom be folly, and dictated by malignity j we caniiot help it: folly must take its course. It remains to review the proceedings-—post and contemplated—of the Provincial authorities; with referenco to lsgal and constitutional principles. Ist. The despatch of the delegates to the Goldfields, with authority 'ad libitum'to oppose the action of the Government offi cers:—the calling cf public meetings and ' inciting the people to acts of insubordination :—and taking forcible possession of the offices of the Wardens, are overt acts of rebellion against the State. "2nd. To accuse the Governor and Council of being guilty of malversation, in the exercise-of their official duties ; and to charge them with performing acts, dictated by malignity ' or personal animosity ; thereby designing to bring the Government into contempt—are treasonable acts. ' 3rd. The petition drawn up by the Provincial Council, and to be put in circulation for signature, is an infringement of the rights and privileges of the people. The "right of petition" is a reserved right, and never yet entrusted to any 'legislative or representative body: and "no Corporation can exercise any other authority than that which is derived from the people." The proper functions of representative bodies are, to make laws and regulations for the body politic, and to control their administration. They have no right to become public mentor "and dictate the political sentiment of the community. A petition must emanate from and be the spontaneous act of the people : any other is constitutionally invalid. The petition of the Provincial Council has no authority in the constitution; because the Council does not possess the "right and privilege" of. petition. It cannot therefore have any legal effect or validity: and "ought not to be received by the House of Assembly. •, 4th. What is the constitutional duty of the Superintendent in the present emergency." If it be true that powers have been withheld by the General Government, in consequence of an idea, entertained by its members, —whether rightly or wrongly, i 3 in fiffect immaterial—that he is unfit to discharge the duties of the office, he has been elected to fulfil ; and if supreme territorial control is a right of Provincial institutions : —both which positions his supporters are attempting to establish—his duty, under these circumstancos is to resign ; because his retention cf office, deprived of part of its power and privilege, is inimical to the integrity of Provincial institutions ; which it is his duty to preserve, and transmit to his successor, inviolate, CIVIS. Kawarau May 2?, ISG7. P.S.—Smio of my neighbors held a moating on Saluvday cve;i'nj, and passed tha folbw-ng ros dufions ; lit T..V C./Is ii a scoundrel and imprstcr. 2nd, T'ia'; th?i'j is n isueh person in exists ce A C >:>,- sigiiyl by tha chairman, has boe:i d)sp itched to th-j Superintendent, to acquaint hi;n with thjso important facts. Ilei Mores. ! !