The New-Zealander. AUCKLAND, WEDNESDAY, JULY 13, 1853. OFFICIAL DECLARATION OF LIEUT.- COLONEL WYNYARD’S ELECTION AS SUPERINTENDENT OF THE PROVINCE.

New Zealander, Volume 9, Issue 756, 13 July 1853, Page 3

The New-Zealander.

AUCKLAND, WEDNESDAY, JULY 13, 1853. OFFICIAL DECLARATION OF LIEUT.COLONEL WYNYARD’S ELECTION AS SUPERINTENDENT OF THE PROVINCE.

Be just and fear not: let all the ends thou aim’st at, be thy Country’s, Thy God’s, and Truth’s.

It is our most gratifying duty, at length, to make the announcement with which wo head this article. Yesterday was the day fixed, by advertisement, on which the Principal Returning Ollicer was to “ openly declare, and publicly notify, the name of the person who was duly elected by a majority of the votes of the whole Province, to be Superintendent thereof.” Mr. Brown had endsavoured, indeed, (by means, a Report of which will be found elsewhere) to restrain, or at least seriously embarrass, the Returning Officer in the performance of that duly; but his application was,—we will not say scouted out of the Supreme Court, lest we might employ an expression inconsistent with the calm and dignified self possession with which Chief Justice Marlin conducts every proceeding in which he is engaged—but certainly dismissed with as much contumely as was compatible with the deliberation and self-respecting character of the Court. There was, therefore, nothing to interfere with the declaration of the result of the Election, in the manner prescribed by law. Accordingly, at noon, the Returning Officer appeared on the hustings, and made public declaration—first, of the stale of the poll for the city of Auckland, the suburbs, and the northern division, —and then for the whole Province. The numbers were as follows ;

shewing a majority of One Hundred and Two voles for Lieut.-Col. Wynyaru, C. 8., who was, therefore, declared “ duly elected by a majority of the voters of the whole province.” The announcement was received with cheering by the friends of Colonel Wyuyard who were present. The proceedings occupied only a few r minutes, and the attendance was small as compared with the crowd assembled on the day of nomination. Many expected that Mr, Brown would have once more exhibited himself and his oratory to his admirers ; but the crest-fallen rejected of the people did not appear. Indeed, to have come publicly forward, not merely after tlie defeat he bad sustained at the poll, but within an hour or two after he had received such a castigation as was implied in almost every sentence of the Chief Justice’s address in turning his application out of Court, would have required an amount of nerve which Mr. Brown does not possess. The-recesses of his newspaper office, and theconcocling of abusive attacks on those who repudiate him as their ruler—the privacies of his store, and (with the aid of a trusty fellow-inquisitor) the cross-examining af a discarded servant, to elicit something that may be tortured into an accusation against a political opponent —these, and such like, arc the spheres and occupations which seem more congenial to Mr. Brown than the presentation of himself, in his discomfiture, on a platform where independent and honourable men, who love their country belter than the love /am, might hear his voice and look upon his face. And because be is who and what be is—in relation to this election —therefore, in his fall, he has no countenance from such men amongst his opponents, and no claim to that sympathy with which candidates of a different stamp arc usually, and rightly, regarded when they fail. If there had been nothing else to exclude Mr. Brown from the pale of such commiserating forbearance, the things done and said, —either by himself or under his sanction , s’ncc the day of election, would be more than sufficient. Colonel Wyuyard has .issued an Address to the Electors of the Province, thanking them for the position in which their votes have placed him, and giving assurances as to the spirit and the general principles on which his Superinlendcncy will be conducted, —which were scarcely necessary to those who know him personally, or who are acquainted with ihc manner in which he administered the Lieutenant-Governorship, —but which, notwithstanding, proceed from him gracefully and becomingly, and will be j received cordially by the electors who know that what he stales in such a matter may bo relied on, as bis sincere feeling, and his equally disinterested and determined purpose. This Address will be found in another column, and no doubt will be read with the attention to which it is entitled. It has a claim to regard,—if it were only from its novelty as the first document of the kind appearing under the new Constitution of the Colony. We give in another part of our present number the affidavits and affirmation of Mr. Brown and bis two supporters in his application to the Supreme Court (above alluded to); together with the observations made by the Chief Justice in refusing the application. We have not room 10-day to comment upon them at any length, but they sufficiently ex- I plain themselves. The language in which I His Honor gave his decision merits the most j careful attention, full as every sentence of it i is with suggestive matter pointing out the tUler hollowness of Mr. Brown’s case. j

Hut although tlie Court deemed the ease a rotten one,—intrinsically—and apart from the particular plea on which it was tried to sustain it. - namely that only Mr. Connell demanded a Poll on behalf of Colonel Wynyard—yet that astounding allegation eoidd not be permitted to pass without direct and authenticated contradiction. Such a contradiction it receives in an Address to the Electors which appears in another column, signed by a number of our fellow-citizens who either look part in, or stood close by those who actually made the demand for the poll. It is scarcely necessary to say, that what these gentlemen thus declare under their hands, they would, if it were requisite, be ready to swear to ; and others, whose names are not attached to the document, but who were equally cognisant of the facts, could add their testimony also. On which side the weight of evidence rests, cannot, we are bold to say, admit of even a moments doubt in the mind of any impartial man acquainted with the parlies. With ourselves, it is not a matter of the credibility of evidence, as we w 7 ere personally on the spot, and saw and heard with our own eyes and ears the transaction precisely as it is slated in the “Address to the Electors.” Mr. Brown’s cause was a bad one. What is to be thought of the means by which it was attempted to bolster it up? The very least that can be thought is, that there is in this whole attempt to frustrate the legal election, a strong proof, in addition to the many which have accumulated during the contest, of the total unfitness of Mr. Brown for -the ofiicc to which he aspired ; but from the constituency, supported by the Supreme Court, we have now happily shut him out.

Wvnvard. Brown City of Auckland . . ‘ 243 556 Suburbs of Auckland 59 26 Pensioner Settlements 367 ill Northern Division . 73 143 Southern Division 151 121 Bay of Islands . 43 51 Total voles 922 820