CORRESPONDENCE.

Lyttelton Times, Volume III, Issue 147, 29 October 1853, Page 8

CORRESPONDENCE.

We have been requested by Colonel Campbell to give publicity to the following letter, addressed by him to His Honor the Superintendent. Crown Land Office, Christchurch, October Bth, 1853. Sir, —Being made aware, though not officially, that your return by Captain Simeon, principal Returning Officer, as Superintendent of the Canterbury Province, was Gazetted on the thirtieth 'of August, and though also aware that this in no way interferes with any future line of proceeding which may he adopted as regards my Petition and that of thirty-four electors against your return, (in fact, steps are now taking in the Supreme Court in order that a Mandamus may be issued to compel the Returning Officer of the Akaroa district to replace my name on the Electoral roll) —I beg to assure your Honor that I now most readily and willingly intimate to you that, in a circular letter from the Civil Secretary, dated the sth August, only recently received, I am informed that " until further provision is made by the General Assembly, the land fund of the Province of Canterbury arising from lands outside the Canterbury Block will be appropriated in the following manner:— "One-fourth of the gross proceeds of lands sold or let in the manner stated in the 74th clause of the New Zealand Constitution Act will be retained for the benefit of the New Zealand Company." " The remaining three-fourths of such gross proceeds together with the proceeds arising from the rents of Crown Lands, from fees on Crown Grants, &c, &c, &c, will be subject in the first place to deductions for the cost of the Land Department, Surveys, &c, &c, &c, as also for such proportion of the land fund as the Commissioners may be directed from time to time to deduct for payments to the Aborigines for the purchase of their lands." "After these deductions have been made, the balance remaining is to be divided into two equal parts, one of which is to be retained by the Commissioner for emigration purposes, while the other part will be paid over at the close of each month to the Provincial Treasurer on the Provincial account at the Union Bank of Australia." "The General Government will for the future apply the proportion of the Land Revenue applicable to emigration purposes in accordance with the terms of the Proclamation of the 4th March, 1853. But if the Provincial Council of any Province would prefer having any alteration made in this arrangement, the Governor will be prepared to receive any representation which may be made by the Superintendent of such Province upon the subject." " It must however be understood, that if any portion of a Province is proclaimed a Hundred", nothing contained in the foregoing paragraph will prevent the Governor, under the ■ authority of the Royal Instructions of the 12th August, 1850, from authorising the application of any proportion not exceeding one-third of the gross proceeds of sales of Crown Lands within such Hundred, to such purposes as shall be signified to him by the Wardens of that Hundred. "You will have the goodness then to remit in notes of the Colonial Bank of Issue to the Commissariat officer in charge at Wellington, at the close of each month, for remission'to the Lords Commissioners of Her Majesty's Treasury, the fourth of the gross proceeds of that part of the land fund which may be payable to the New Zealand Company, transmitting at the same time certified accounts in duplicate, shewing the total receipts for the month over which the New Zealand Company have any claim, in order that the documents may be forwarded to the Lords of the Treasury, that it may be apparent that the New Zealand Company have received the full amount of the one-fourth to which they are entitled by Act of Parliament." "The Superintendent has been informed that the arrangement in operation at present with respect to sales of land inside the Canterbury Block will be continued until the General Assembly or His Excellency the Governor make further regulations on the subject. The a«-ent for the sale of lands formerly belonging to°the Association, was informed", as His Honor is aware, that His Excellency did not intend to exercise his power until the feelings and wishes of the Canterbury colonists on the subject had been made known."

Thus, nothing having, for a considerable time past, been done so as to ascertain what are in this respect the feelings and wishes of the inhabitants in general of the Province, I lament to say that, to its great injury, both as to much wanted revenue for public and many useful purposes, every thing is, seemingly, to be allowed for the present to remain at a dead standstill within the Canterbury Block.

It is to be regretted that other Circular letters, containing much necessary information, and likewise additional instructions, have not as yet reached me ; but in one, dated the 12th of August, 1853,1 am informed that, "it has appeared to Governor Sir George Grey, that it may be for the interest of a particular Province, with a view to encourage the occupation of the land, to undertake surveys upon a larger scale than the receipts from the land fund would at any time justify the General Government in undertaking." ': In such cases, the Provincial Council might feel disposed to make advances from the share of the General Revenue which they are empowered to administer, for the purpose of increasing the survey staff, and expediting the surveys, relying upon the probable increase Of the land fuud from such a measure for the reimbursement of the expenses incurred in carrying out such a plan." "If therefore the Provincial Government should at any time undertake to pay the additional expenses of the Survey establishment if increased beyond the limit which his Excellency has authorized, the establishment is to be immediately augmented to such an extent as His Honor the Superintendent may guarantee the expense of. All the costs of the augmentation of the fixed establishment must be paid directly by the Provincial Government and not by you. Even if the Land Fund should increase to such an extent as to enable the extra expense to be defrayed from it, you are not to appropriate it to such a purpose without His Excellency's authority has been received, but disburse the fund in the proportions directed by the General Instructions on this subject." In another circular letter, dated the 12th of August, I am informed that, "in reference to the circular letter, of the number and date quoted in the margin, (No. 53, 1020, August 8, 1853—not as yet received) on the subject of the appropriation of the land revenue of the, Province, I am directed by Governor Sir George Grey to acquaint you that care must be taken against the guaranteeing of half the passagemoney for assisted passages to such an extent as to incur at any time a greater liability on this account than can be met by the funds applicable for that purpose at the date of entering into such an arrangement." " So soon as His Honor the Superintendent shall have notified to you that the Provincial Council have agreed to a resolution to the effect that they are desirous of undertaking the management of that portion of the land fund, which under the present instructions is applicable to emigration purposes, it will be your duty to pay to the Provincial Treasurer the sum appropriated for these purposes, as well as that portion which is now applicable to public works." In another circular letter also dated the 12th of August, 1853,1 am informed that, " Governor Sir George Grey is pleased to direct that you should submit to His Honor the Superintendent a return, according to the enclosed form, of all lands which are to be sold by public auction, with the exception of the lands which are to be put up at the upset price of five shillings an acre. This form, as you will perceive, specifies the district, section, lot, contents, and the proposed upset price at which each parcel of land is to be offered for sale. The upset price at which such lands are to be offered for sale must be determined by yourself and the Superintendent, the date and hour at which the sale is to take place being fixed by His Honor, not being less than one month or more than three, from the date of* the application."

"In the event of any difference of opinion regarding the upset price of the several lots, arising between yourself and the "Superintendent, the question is to be referred for the decision of the Governor; but you must be careful to guard against any needless reference of such questions."

" Lastly His Excellency conceives that it would be very desirable for the Superintendent in conjunction with one or more of the Provincial Officers to fix the upset price;and that you should be present at the conference to afford

His Honor the benefit of your opinion and advice."

In another circular letter addressed to me by the Civil Secretary, dated 16th. September 1853, I find as follows:—"I am directed by Sir George Grey to acquaint you that as sites for Towns, Villages, Reserves for public purposes, and Districts to be comprised within the limits of Hundreds, will be frequently required in Lands either recently purchased from the natives, or which have been for some time in the possession of the Crown, it will be your duty to make such Reserves for the above purposes as yoti may think necessary, and report the nature of your recommendations, for the information of the Governor."

"The Superintendent of the Province has also been authorised to require you to make such Reserves as from time to time he may think desirable; and it will be your duty, upon the receipt of such instructions to make the required Reserve, repeating the same as in the former case for the approval or disallowance of the Governor. You will at the same time report to the Superintendent whether you have, or have not, recommended such Reserves for-jap-proval, and in the event of your differing from His Honor's opinion, state the reasons for so doing.''

" Whenever any fresh tracts of country are acquired from the Aborigines, you will take especial care that under no circumstances whatsoever are such Lands to be thrown open for purchase until the Superintendent shall have had an opportunity of submitting for the consideration of the Provincial Council, whether any, and what Reserves of the nature referred to in the first paragraph of this letter should be made in such districts."

The foregoing contains all the information which it is at present in my power to afford you. Be assured, however, that I shall on all occasions be not only most happy to communicate but also to co-operate with you in any measure which either you yourself or the Provincial Council may consider would be conducive to the advantage of the Province. I have the honour to be, Your Honor's most obedient, humble servant, Jas. Campbell. Commissioner of Crown Lands &c, Canterbury Province. To His Honor James Edward Fitz Gerald, Esqr. Superintendent of the Canterbury Province. To the Editor of the Lyttelton Times. Sir, —With regard to the finding of the Jury assembled to inquire into the manner of the death of Richard Anstruther Bradley, I beg to state that a rider was appended to their verdict to the effect that in their opinion great neglect was shown on the1 part of the Magistrates of Lyttelton by their allowing the only two persons, who could have given satisfactory evidence regarding his death, to leave the colony without taking their declarations. At all events, if such declarations were taken, they were not produced at the Inquest, and the neglect is greater. I remain, Sir, Your obedient servant, One of the Jury. Lyttelton, Oct. 22,1853. To the Editor of the Lyttelton Times. Sir, —Although we must admire the energy which characterises the working of the Provincial Council, and although all good citizens rejoice to see a spirited recognition of evil, and an instant provision for its correction, yet, Sir, it occurs to me that with reference to the measure at present before the Provincial Council there exists some little mistake on the part of that august body as to the quality of its legal capability. By section 18 of the New Zealand Constitution Act, the Superintendent and Provincial Council are empowered " to make and ordain all such laws and ordinances (except &c„ see sec, 19), as may be required for the peace, order, and good government of such Province provided that the same be not repugnant to the law of England." It is pro-

bably under this section of the Constitution Act, that the provincial Council proposes lo repeal the existing " Scab Act," or rather to defeat its operation within this Province, thus far exercising a legal discretion. I would suggest however that before the passing of the new Scab Act the Council should also 'pay some little attention to the 19th Sec. of the Constitution Act, which enunoerates a few trifling matters the Imperial Legislature has declared shall not be meddled with by the Superintendent and Provincial Council. By sec. 19, clause 2, it is not lawful for the Superintendent and Council to establish or abolish " any court of judicature of civil or criminal jurisdiction, except courts for trying and punishing such offences "as by the law of New Zealand" (i. c. the law as it now stands, see clause 12.) " are or may be made punishable in a summary way," or to alter " the constitution, jurisdiction, or practice of any such court except as aforesaid. This clause is followed and explained by clause 12, which restrains the Superintendent and Provincial Council from " altering in any way the criminal law of New Zealand, except so far as relates to the trial and punishment of such offences as are now or may by the criminal law of New Zealand" (i. c. the laio as it note stands) " be punishable in a summary way as aforesaid."

To any one acquainted with the Constitution Act hearing of the proposed new Scab Act, and its several provisions, the question would naturally occur, does the present law of New Zealand recognise in the driving, &c, of scabby sheep, a crime of sufficient magnitude to merit the punishment proposed to be awarded by the New Scab Act, viz., imprisonment? Certainly not. It is evident that the law as it at present stands, never contemplates inflicting so serious a punishment as imprisonment. If the Provincial Council adopts a very common method of testing the magnitude of an offence in the eye of the law by enquiring the amount and quality of its punishment, the Council must admit that it is seeking by its new Scab Act, to make a new crime or misdemeanour of a very grave and serious character, and to create a very important alteration in " the criminal law of New Zealand." I do not for a moment question the wisdom of the Provincial Council in its wishing for a more stringent Scab Act, but I certainly do question its power to declare acts criminal, or invent new crimes, assigning to them punishments of a character hitherto unknown in summary jurisdiction, and consequently in the eye of the law (as it now is,) an entirely new and very serious class of offences. Has the Provincial Council power to say or enact what shall be new crimes and misdemeanours ? Some of your readers will probably concur with me in thinking the General Assembly the properly constituted legislators in matters of this class, and that the Provincial Council is, in this instance, outstepping its province. Your's truly, Elector. Lyttelton, Oct. 26.