The Lyttelton Times.

Lyttelton Times, Volume VII, Issue 459, 28 March 1857, Page 6

The Lyttelton Times.

Saturday, March 28ih.

The quarrels which are constantly arising between the General and Provincial Governments become more serious every day. Every day makes it more apparent that their, present relations are not consistent with the safety and good Government of the Community. The worst feature in the matter is, that we do not know when such quarrels may be expected, or how they can be guarded against, under our present Constitution. A mere form of administration, an expression in an official dispatch is quite sufficient to bring on a war between the General Government and one of the provinces, a war which is carried on aVoutrance, as in the case of the closing of the R. M. Courts, now before us, to the detriment of public interests and, indeed, we may say, of public safety. For some time the public have only known vaguely and by report the cause of the closing of the Resident Magistrate's Courts in this province, and the alinosV total cessation of the administration of' Justice. In a Gazette, however, of the 19th instant, the correspondence between the General and Provincial Governments which led to this happy consummation has been published. As this correspondence was republished by our contemporary the ' Standard,' and as its length would occupy our columns to the exclusion of much interesting matter, we have not thought it advisable to transfer it to our pages in extenso. We refer those who are curious to see it to the Provincial Government Gazette, Vol. IV, No. 6.

We are disappointed in our hope that this correspondence would clear up the question." to the satisfaction of the public. It appears, in our opinion, calculated to aggravate nr.ther than to lessen the difficulties which present themselves at every turn in the division of administrative powers between the General ' and Provincial Governments. Perhaps it is true that the wheels of the Constitution could not run much more smoothly, and'that internecine war must be the normal state of our several Governments, as at present constituted. This theory alone will account for the tone that runs through all communications Between the General and Provincial Governments. The following is a brief sketch of the correspondence published in the Provincial Gazette. It will be observed

that in order to understand the whole question at issue, we must go a long way back:— Letter No, 1, dated 16th August, 1853... —His Honor the. Superintendent informs the then Colonial Secretary that as Captain Simeon is about to resign, be has " temporarily, and until her Majesty's pleasure shall be known, appointed Henry John Tancred Esq., to be Resident Magistrate, &c, &c. ;" likewise that he has appointed Mr. Tancred to be Sheriff, "in the same manner provisionally," and His Excellency is requested ,to obtain her Majesty's approval of these appointments. No. 2, dated 24th September, 1855.— The Colonial Secretary (Mr. Sinclair) forwards a commission under His Excellency's hand, appointing Mr. Tancred Resident Magistrate, and states as a reason for his Excellency making this appointment " that as in the Canterbury Empowering Ordinance, Session 11, No. 2, the power of appointment of Resident Magistrate is also reserved to the Governor, and as the salary of that office has been passed in the General Estimates, His Excellency thinks the appointment should be made by the officer at the head of the Government that pays the Salary. No. 3, dated 31st March, 1856.—His Honor notices the appointment of Mr. Hamilton as Resident Magistrate, and requests that, as it is doubtful how long that gentleman would be able to perform the duties of that office, Mr. Moorhouse may be appointed Resident Magistrate during Mr. Tancred's absence. No/ 4, dated 22nd April, 1856.—The ColoniarSecretary, in reply, encloses a commission under His Excellency's hand, appointing Mr. Moorhouse Resident Magistrate. No. 5, dated Bth October, 1856.—His Honor states that he has appointed Mr. W. G. Brittan to be a Resident Magistrate, and requests that His Excellency will be pleased to issue a Commissson to that gentleman ' as has been the case in similar appointments.' The power is included in those vested in the Superintendent by the Empowering Ordinance, but the General Government has hitherto always issued a Commission; No. 6, dated 24th November, 1856.—His Honor states that on the resignation of Mr. Tancred he has appointed Mr. Hall Resident Magistrate in his place. His Excellency is requested to issue the usual Commission to that gentleman ; also, to appoint him to preside in the Courts under the Extension of Jurisdiction Act, both at Lyttelton and Christchurch.

No. 7,dated 27 th-November, 1856.—The Colonial Secretary (Mr. Stafford) states, in reply to No. 5, 'if your Honor possesses the power of appointing a Resident Magistrate, the Government of New Zealand does not think it advisable that a Commission should also be issued by the Governor in the case .of such appointment.'. ....

No. 8, dated 10th December, 1856.—The Superintendent replies, that, although the Empowering Ordinance purports to give the Superintendent the power of appointing Resident Magistrates, and although he has no doubt as to that power himself, yet that as doubts have been suggested 'as to whether the jurisdiction of. the Provincial Legislature extends to interfering with such appointments,'J-lis Excellency's late Government undertook to quiet such doubts by advising his Excellency to issue a Commission in cases in which the Superintendent had appointed. Messrs. Hall and Brittan will probably under present circumstances refuse to incur the risk of acting as Resident Magistrates. ' There will therefore, so far as I can perceive, be no Court of law of any description whatever in the Province of Canterbury for the next two

months.' His Honor proceeds to throw the responsibility of this upon His Excellency's Government ' which, instead of aiding in a case of great doubt to maintain the administration of.justice, has taken a course, I beg most respectfully to submit to His Excellency, calculated to produce results of a most serious kind.' If His Excellency's Government had doubts on a subject so important, they should have lost no time in getting them cleared up by enactment of the General Assembly. .

No. 9, dated 11 th^February,. 1857,—The Colonial Secretary complains of 'grave misstatements and implications' in his Honor's letter. He was aware of the doubts entertained in influential quarters as to the. Validity of the Empowering Ordinance, and ' cannot therefore understand why your Honor should persist in placing gentlemen in so doubtful if not dangerous a position.' His "Excellency's Commission would not validate acts performed before the date of its issue, and if this consideration were.to deter persons appointed by the Superintendent from acting until they should receive His Excellency's Commission, the only reason for the appointment, ' viz, the 'urgent necessity for immediate action following upon it, is entirely removed.' The Colonial Secretary proceeds to say that the only case in which His Excellency issued a Commission,.following the appointment of a Resident Magistrate by his Honor, was that of Mr. Tancred, who received a Commission on the special ground stated in the Colonial /Secretary's letter transmitting it; and that this Commission ignored altogether the Superintendent's appointment. Mr. Stafford repudiates the responsibility of the suspension of justice, on the ground, Ist, that he could have no knowledge of Mr. Tancred's intention, and that Mr. Tancred, having re-' ceived his appointment from the Governor, could only resign his, "office, to the, same authority; 2nd, that the General Government is not responsible for Mr. Hallos or Mr. Brittan's refusal to act under his Honor's appointment; 3rd, that it was an incorrect statement of his Honor's that there would be no Court of Law in the province, ' when (in addition to Mr. Tancred,) Mr. Hamilton, Mr. Moorhouse, and Mr. Watson hold the Commission of Resident Magistrates, and 27 gen:lemen residing in the province that of Justices of, the Peace.' "The letter concludes with some very judicious general remarks upon the understanding that should exist between the General and Provincial Governments:; in the course of which it is stated that the present General Government 'has in every case hitherto, where it has previously been • requested to that effect by any Superinten- . dent, made appointments in accordance with such request;' arid that' it has shown and will to show every desire , to cooperate with the Provincial Authorities. No. 10, dated 3rd March, 1857.—(This is so short that we could hot abridge it much.) His Honor infers from the above despatch that the Government of New Zealand does not recognize the appointment of Mr. Brittan and Mr. Hall as Resident Magistrates-; that it declines to confirm their appointment, whilst at the seme time it considers them to be administering, law illegally; that it declines to take, any steps , whatever to correct this state of things ; that" it is satisfied that the law will be sufficiently administered by Mr. Watson, Mr. Hamilton, Mr. Tancred and Mr.Moorhouse, as, Resident Magistrates, and by 27 other Magistrates, notwithstanding that Mr. Watson's Court is not accessible except to a few families, Mr. Hamilton is fully employed in another department, and Mr. Tancred and Mr. Moorhouse have, as he conceives, resigned their offices, and the former has left the province. 'It does not become me to retort upon His

Excellency's Government charges of ' misstatements and implications.' Such charges will be the subject of enquiry,at the fitting time and place. I have now simply to acquaint the Government that, although my own opinion as to the validity of the appointments is unchanged, yet I cannot continue to , allow' the gentlemen holding them to incur any risks which the weight of the Crown's law adviser is employed to aggravate. And although willing to act in all,matters in concert with the General Government, I must decline to do so with a Government whose policy seems, to be to watch the Provincial Government making what it believes to be a grave mistake, and one involving the most serious consequences to the whole community, and await tlie result with indifference. I beg, therefore, to inform you that I have called upon Mr. Hall and Mr. Brittan to resign their offices,guaranteeingthem against all actions for the past, and that after the present month no expenses of any kind whatsoever will be paid by this Government on behalf of Resident Magistrates' Courts.' Nos, 11, 12, 13.—The Provincial Secretary encloses the foregoing correspondence to Messrs. Hall and Brittan, who resign accordingly. We have given above as fair and concise a summary of the correspondence as ■we could, within readable limits. It may serve to put the case tangibly before our Readers. The space, however, which it has occupied will necessitate the postponement of further consideration till Wednesday.