NEW ZEALAND SPECTATOR AND Cook's Strait Guardian. Wednesday, November 23, 1853.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 867, 23 November 1853, Page 2

NEW ZEALAND SPECTATOR AND Cook's Strait Guardian. Wednesday, November 23, 1853.

We republish from the Lyttelton Time* of November 5, a long address of the Superintendent of Canterbury to hi* Provincial Conncil on the subject of the appropriation of the revenue, together with the resolutions passed by the Council relating thereto. It would appear that the Superintendent of Canterbury and his legal adviser question the legality of the arrangements made by his Ex.cellency in the appropriation of the revenue of the colony, whereby one-third ia reserved for the purposes of the General Government, and two-thirds placed under the control of the Provincial Council. In the remarks by the Lyttelton Timesa hope is indulged in that the other Councils will follow the example which has thus been set, and an admission is made at the same time that such a course would require " the support of a large majority, if not unanimous approval, in* each Provincial Council " to give it any effect or value. It would appear that the object of thismovement at Canterbury according to the same authority is to compel the Goj vernor "to convene, without further de=~ I lay, the General Assembly of New Zealand." It does not require much sagacity to predict that the course adopted by the Canterbury Superintendent and hisCouncil will pi'ove a ridiculous failureThe fairness and liberality of the arrangements made by his Excellency have been very generally allowed, and in three at least of the Provinces have been- | adopted and acted upon ; two of these- ! Provinces (Wellington and AucHand)* contributing at least two-thirds of thegeneral revenue of the colony. So far then, there is little sympathy or approval of those views. The question raised isadmitted by the parties raising it to be a doubtful one, and on this assumption they proceed after an Irish fashion to* remedy an assumed illegality by a coursestill more illegal. Because it may bedoubted whether it would be lawful for the Council "to appropriate revenues placed at their disposal by any authority other than an Act of the General Assembly"—rtherefore it is determined the Superintendent shall spend the revenue without any legal authority whatever, the Council abstaining from passing any law for the appropriation of the revenue. Mr. Fitzgerald proposes two questionsto his Council. He doubts first, whether it would be lawful for them to appropriate revenues placed at their disposal by any other authority than that of the General Assembly, and then, supposing the existing revenue to be beyond the operation of the Constitution Act, he suggest*

whether it would not be competent to them, under the authority of the Act to pass an Ordinance appropriating the whole Revenue raised in the Province without any reservation or deduction, to such services as they may think proper. But the answer to Mr. Fitzgerald's questions seems to he tolerahly plain. The first clause of the Act, to which he makes no reference(isthishyinadvertanceordesign?) provides for the continuance, until the return of the Writs for the first election of the memhers of the House of Representatives, of the authorities previously existing, and under the 18th and 19th clauses the Provincial Councils have general authority over the revenues of the respective provinces. Of the amount reserved by the Governor from the General Revenues from the control of the Provincial Councils £16,000, or four fifths is reserved under the authority of the Act itself by way of Civil List and for Native purposes, the remaining sum of £5000, forming an insignificant fraction when divided among j the six Provinces, being reserved under existing Ordinances. It will be seen then that the whole of the Revenue of each Province, except that part which has been otherwise specially appropriated by laws now in force, has been placed by the Governor under the control of the Provincial Councils. It is also plain that the sittings of the Councils of the greater number of the Provinces will have been concluded before the Governor would be in a position to call the General Assembly together, before the official notification of the election of all the members of the House of Representatives can reach him; as it is more than probable that between two and three months must elapse before he can receive the returns from Otago. But this question seems to be raised as a mere pretext, to promote the ulterior objects which its movers have in view, and for which they are anxious if possible to force a meeting of the General Assembly. We do not think, however, they are are likely to obtain their end by the course they are now pursuing. We may also remind those in this Province who find fault with the delay in bringing the. New Constitution into operation,that while the multiplicity of details and complex machinery necessary for its proper working were all duly settled and brought into working order within the time prescribed, the movements of the critics themselves have not exhibited any very great alacrity. The Superintendent of I this Province was elected in July, his Council do not really assemble for the despatch of business until December.

Fatal Accident. — Yesterday as Mr. J. Fowler, who formerly kept the Freemason's Hotel, was returning from the Hutt with his horse and cart, lie stopped at Kaiwarra for the purpose of baiting his horse. On proceeding to remove the bridle from the horse's head, the horse suddenly started off and knocked him down, and the wheel of the cart passing over his head, he was unfortunately killed on the spot.