New Zealand Colonist. TUESDAY, DECEMBER 6, 1842.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 37, 6 December 1842, Page 2

New Zealand Colonist. TUESDAY, DECEMBER 6, 1842.

We perceive, by the report of the proceedings ■of the Town Council on Thursday last, that the members have decided to retain office until the first Monday in December, 1843. The question was raised upon a motion by Mr. Dorset, seconded by Mr. Waitt, to the effect that the election of twelve aldermen for the ensuing year ought to take place upon the sth instant, which was met by an arofifcdment proposed by Mr. Lyon, and seconded by Mr. Fitzherbert, that the election should not take place till the first Monday in December, 1843. Upon a division the amendment was carried by a majority of seven to two.

Without entering, at the present time, into any discussion as to the true construction of the Municipal Ordinance upon this point, for which, doubtless, there will he abundant occasion hereafter, we may express our regret that the Town Council should have arrived at the conclusion which they have thus affirmed. In all doubtful points it is wise to decide in favour of that construction which is least exposed to a a misconception of motives, and most free from subsequent risk. We do not suppose that any of the members -of the Council were influenced by any mere desire to retain office, because, if they had voluntarily placed themselves in a position again to require the support of their constituents, there can be little doubt that all would have been re-elected. But it cannot be denied that this is a motive which may be attributed to them, and that they have, consequently, needlessly laid themselves open to imputations upon this point. This, however, is a slight matter; and if the vote to which we have referred involved no other probable inconvenience than this, we assuredly should not. Jrnve adverted to the subject. There are, however, many consequences which may flow from this vote involving great difficulties, and possibly laying open the members and officers of the Corporation to results which they would have done well to avoid. Assuming, for the sake of argument, that their reading of the ordinance is erroneous, there would not be at the present time any corporate body in existence in this town. All acts consequently done by them, or under their direction, would be absolutely void. If they impose

taxes, and any .person should refuse, or be unable to very violent or improbable supposition—then any distress or other legal proceedings which they might find it necessary to adopt, would render them liable to damages at the suit of the party aggrieved. With regard, also, to the proceedings which they contemplate, as to the alleged encroachments upon the .public .property along the beach line of Lambton Quay, the result of any measures which they may be advised to take, would be very different if it should prove, as may be the case, that the Council is defunct, from what it might be, if they were still competent to act. These are only a sample of the difficulties in which the Town Council may 'find themselves entangled, should their version of the law .prove incorrect; and we are unable to perceive any countervailing advantage to result from their continuance in office, without being exposed to the chances of. a re-election.

•* ' if}' * And there is one circumstance which should, we think, have especially weighed with the Councillors, before they determined upon deciding that they were to remain in office for twelve months, in addition to the period for which many, if not most, of the electors thought they were elected. It is, that, should they be mistaken, no act of indemnity can pass until after any suits to which they may be exposed would be decided in a court of law. Unless we arc misinformed, the acting Governor has no power to assemble a council, or to pass laws. No ordinance, therefore, can be passed, until the succassor of Captain Hobson arrives in New Zealand, which may not be for seven or eight months from this date ; and then probably two or three months additional would elapse before any ordinance passed the Council. Nor is it quite certain that the Governor and Council would consider this a fit case for an act of indemnity., since the mistake, should it prove to be a mistake, was a voluntary act on the part of those who would be applying for the interference of the legislature, and one consequently the results of which they might be left to endure. So far as the public convenience was concerned—the affirming, that is, all the acts of the Council where private rights were not involved—we have no doubt that the Government would interpose, but it may be doubtful whether they would go beyond this. Our comments upon this resolution have, however, only one object. We do not intend to assert or imply that the Council are in error. But when there were two courses, one of which is exposed to many risks from which the other is entirely free, we regret to see a voluntary adoption of that which is replete with danger. Especially we regret this, where the opposite course would have exhibited a confidence in the good sense and good feelings of the electoral body which their past proceedings fully justified.

The question of employing prisoners upon public works, in the sight of the public, is one which involves many considerations of deeper import, and a wider applicability, than might at first sight appear. It is one upon which persons who have given much attention to the subject, and whose opinions are entitled to considerable weight, have widely differed, and it may therefore be considered as yet undecided. We confess, that without having any very positive opinion on the subject, the inclination of our judgment is opposed to the practice. There are conditions under which it might be made serviceable without producing any countervailing evils, but the circumstances of a settlement such as this hardly allow a compliance with these conditions. A stricter discipline, a power of reward as well as of punishment, and a separation from the other partjof the population, which is here impracticable, appear to. us necessary to the efficacy of this mode of employing prisoners, so far at least as the main objects of punishment are concerned. Without these we are disposed to think that the results of their labor, small and imperfect as these must be at the best, will be very dearly purchased. We have been led to refer to this subject by some remarks in the Gazette in reference to a resolution of the Council on the subject of directing the labor of* the prisoners sentenced to

hard labor. If these men are to labor, we should be pleased to see their labor directed to those works which would be most useful; and the suggestions of the Gazette upon this point are worthy of consideration. But we imagine that the form in which the application to the Police Magistrate was directed to be made, must have precluded him from acceding to the request, since it could not be expected, that he should place the constables under the direction, or allow them to receive orders, from any body but himself. Probably, however, with the sanction of the Government, the object of the Corporation may be effectually attained in some other manner; but we imagine that sanction must be previously obtained. O' The Pickwick arrived on Sunday afternoon from Nelson, which port she left on the 2nd. The mail is on board the Sistet's , which sailed the day previous ; and Captain Axton reports her to have brought up inside the heads. The New Zealand sailed the same day as the Pickivick. The reports are of an unfavourable character we are sorry to add. We understand that on Friday night, between 10 and 11, Mr. Lyon’s store, situate on Lambton Quay, was broken open, and property to a large amount stolen therefrom. We learn, however, that some persons have been taken up on suspicion.