To the Editor of the New Zealand Spectator. Wellington, 29th December, 1853.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 879, 4 January 1854, Page 3

To the Editor of the New Zealand Spectator. Wellington, 29th December, 1853.

Sir, — Your correspondent "Ohserver'Mias alluded in bis letter to you of the 23rd inst., to the insufficiency of knowledge and experience with which the Provincial Secretary for Wellington wishes to cloak the errors of himself and his colleague, the Prorincial Solicitor, Mr. Brandon, in framing the Empowering Bill. The discussion on this Bill was renewed last Wednesday, and I would call your attention to the ignorance (for I can call it by no other name) then displayed by the Secretary and bis colleague, of the provisions and effect of the Sale of Spirits Ordinance then brought under notice. It appeared from the remarks made by the Provincial Secretary, that the subject of the excepted Ordinances to the Empowering Bill (including the Sprits Ordinance) had been fully discussed and considered by the Government since the Bill was last before the Council, a period of twelve days. It is upon this observation that 1 use the term ignorance instead of error, or mistake, or, as the Provincial Secretary would rail it, insufficiency of knowledge of himself and legal adviser, and also because the observations of surh adviser in the Council must be considered and taken as his opinion on the Spirits Ordinance after mature, deliberate, co)isideration and discussion with his colleague, the Secretary. The result of the learned adviser's opinion was, as state 1 by him to be, that it was an impossibility to make the Sale of Spirits Ordinance more restrictive than it is — in fact that it was a total prohibition of wine, beer, and spirits to the native race, except as medicines. The Provincial Secretary not only agreed in this, but in illustrating the subject said thit if the Sale of Spirits Ordinance could be made more restrictive, it could only be so by a prohibition of the smell of spirits, %c, by the natives, as the taste was already prohibited. Had the legal adviser for the Province and bis colleague the Secretary read the Sale of Spirits Ordinance with that amount of common sense only, which is ordinarily used, they must have perceived that such Ordinance is not a total prohibition of wine and beer to the natives as alleged, but a limited prohibition, only. To disprove this legal opinion of ihe learned Provincial Solicitor it is unnecessary to go into any argument, but simply to quote the very words of the Ordinance itself — by so doing you will be able I to ascertain bow far I am justified in stating such opinion to be error, and of so manifest a character and so wilful as to warrant me in using the term gnorance k The marginal reference to the first clause of the Sale of Spirits Ordinance is as follows :—: — " Saie, SfC. of Spirits to Natives prohibited." The reference to the second (clause is Sale tyc. of Wine> &c. limited." Can any thing be plainer by these references than that the intention was that there should be a total prohibition of the Sale of Spirits, but only a limited prohibition of the Sale of Wine and Beer. On reference to the clauses themselves this limited prohibition is explained, and it is this — that it shall not be lawful to sell or give any Wine of fermented liquor," in any quantity respectively, which shall produce Intoxication to any person of the Native race." There can be no doubt about the construction, that the Sale of Wine and Beer is limi«ed, an 4 not totally prohibited} the words of the Ordinance being plain and conclusive. I cannot believe that tbe Provincial Secretary and Solicitor were sincere when they stated their / opinions, that there was a total prohibition of Wine and Beer to the Natives. It may be asked why should they have stated otherwise, knowing the contrary ? I answer simply that they might have ihe credit of taking off some restriction upon the Natives inflicted by Sir George Grey. In fart it it apolitical dodge, as unmeaning as nis contemptible. If this be not so, then they ate liable to the chargL of grotiignoraucr. TheProvincial Solicitor, by stating that he took upon himself all the responsibility of the Empowering Bill, pledged himself to the public that his construction of the Sale of Spirits Ordinance was correct. I leave this to be decided by tbe public, and they will know what value to put upon that learned gentleman's opinions v.hen delivered in

the Council after mature consideration. I am Sir, Your obedient Servant, P.