NEW ZEALAND SPECTATOR AND Cook's Strait Guardian. Wednesday, October 11, 1854.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 959, 11 October 1854, Page 3

NEW ZEALAND SPECTATOR AND Cook's Strait Guardian. Wednesday, October 11, 1854.

A few numbers back the Independent heaped some of its coarsest slang and Billingsgate on the editor of the Spectator for attributing to Mr. Fox certain articles that appeared in the former paper, and took occasion to assert that neither he nor any other member of the Government had any control over the columns of that paper. The low abuse and slang of the Independent can only be treated by us with the contempt it deserves, we cannot degrade ourselves to its level by any further notice of it, neither shall we waste the time of our readers by many remarks on the assertion of the Independents freedom from control of the Provincial Executive, since the connection between them is so palpable and notorious, both the Provincial Secretary and Treasurer may be so plainly traced in its columns, that on whatever Old Bailey dodge or quibble it is attempted to ground such a repudiation, no one will attach any credit to it. We pass on therefore to another topic introduced in the same paper on which we shall say a word or two. .After scolding a correspondent, under .the signature of an " Old Colonist," for complaining of the neglect of the natives in the Hawke's Bay district during the epidemic, the Independent claims an immense deal of credit for the Provincial Executive for its care of the natives at the period referred to, and falsely attacks Dr. Fitzgerald, the late Colonial Surgeon — now he is absent — accusing him of neglecting the natives, and of trying to make out a charge of harsh treatment on the part of the Provincial Secretary towards him, by publishing a correspondence between himself and that functionary, "suppressing only, such portions as told against him or in the latter's favour." Our readers will remember that, at the time, we exposed the gross and culpable supineness and neglect of the natives by the Provincial Executive, and shewed that they never troubled themselves about the matter until Archdeacon Hadfield's indignant remonstrances and the strong excitement which the facts he made known produced in the public mind, at length roused them from their inaction. Into the merits of the correspondence referred to by the Independence shall not now enter, since it claims, and will receive a separate notice at our hands. That Dr. Fitzgerald was most harshly treated by the Provincial Secretary the correspondence abundantly proves ; that this was the general opinion at the time is sufficiently establishedbythe public demonstration whicn toojk.place on Dr. Fitzgerald's departure; as^itis generally reported that the Superintendent is also of this opinion. The statement by the Independent about Dr. Fitzgerald's suppressing parts of the correspondence, is equally without foundation. The published correspondence refers to Dr. Fitzgerald's application for leave of absence on account of ill health, and, to his givingup the office of Colonial Surgeon, and was closed by a letter of Dr. Fitzgerald's dated July SI. A correspondence took place between the same parties in reference to the office of Coroner a fortnight afterwards, which we now publish. It is to be noted that the charges brought by the Provincial Secretary have not the slightest foundation,

He asserts that the " individual found dead," had come by his death under suspicious circumstances, and that the body " was necessarily interred without ever having been recognised," through Dr. Fitzgerald's neglect to hold an inquest; the facts being that the person whose body was found on Sunday, the 13th August, was a seaman belonging to the Salopian, who was drowned by the upsetting of a boat in the open day, and therefore did not come by his death under suspicious circumstances, the body was recognized by the clothes it had on, and application was made, not to Dr. Fitzgerald, who who had resigned the office of Coroner, but to Mr. Dorset, who directed the interment of the body. But how is it that the Provincial Secretary, who talks of the " high and important constitutional functions" of the office of Coroner, could take upon himself to appoint Mr. Dorset^ even temporarily, to the office ? Is he, or his legal adviser the Provincial Solicitor, so ignorant as not to know that the appointment can only be made by the Governor, or the Officer Administering the Government ? Are they so ignorant as not to know that every time Mr. Dorset holds an inquest he is liable to prosecution on a quo warranto for doing an illegal act ? And the excuse on the plea of necessity avails nothing, since it is well known that the last inquest held by Mr. Dorset was set aside by the Judge, who issued his warrant for a proper legal inquiry. And here we may draw attention to the fact, that while these men profess to have so great a regard for the voice of thepeoplejandKepresentativelnstitutions, their practice is quite the reverse of all this, — as may be seen in this as in a hundred other instances. In England the office of coroner is elective, he is chosen by the votes of the freeholders. Why was not an Act passed by the Provincial Council, — if the Executive really entertain so strong a feeling in favor of "constitutional practices," as they would have us believe — to make the office elective here ; it would have been quite as important as many of their measures ; more important, in carrying out a principle, than some Acts that were passed last session. Was the omission through sheer ignorance or from wilful neglect ? We leave them to choose the alternative.

The following is the correspondence between »the Provincial Secretary and Dr. Fitzgerald, referred to in the foregoing observations':-— Provincial Secretary's Office, Wellington, 14th Aug., 1854. Sir, —ln reply to your letter of the 12th instant, informing me that you had omitted unintentionally in your letter of the "29th July to draw my attention to the office of Coroner, and to request me to appoint some one to act, I deem it my duty to inform you that very serious inconvenience has already arisen in consequence of such omission. It appears that an individual was found dead last Sunday morning, and that after every effort had been ineffectually made by Serjeant Styles of the Armed Police, to find you at the Hospital, and at your own residence, the individual was necessarily interred without ever having been recognized, and without even the semblance of an investigation into the su«picious circumstances of his death having been instigated by yourself as Coroner. Considering the high and important constitutional functions that a Coroner has to fulfil, I can only express my deep regret at the light and inconsiderate manner in which you appear to throw up the office, and to inform you that the responsibility of the step rests entirely with yourself. I have the honor to be, SiC, &C, (Signed) William Fitzhsrbert, Provincial Secretary. To Dr. Fitzgerald, Coroner.

Mulgrave-street, Wellington, 16th August, 1854. Sir,—l hate the honor to acknowledge the receipt of your letter of the 14th instant, in reference to the office of Coroner, which office has always been so united with that of Colonial Surgeon, that after the intimation you received of my intended departure in my letter of the 29th July, I can hardly conceive it possible that you would have supposed that, in asking you to appoint some one to perform the duties of Colonial Surgeon, I intended to remain and perform the duties of Coroner. As therefore the finding of the body to which you allude occurred-after my leter of the 29th of July, and after yourletter of the Ist August, conveying certain relolutions unanimously adopted by the Executive Council, to the effect that my conduct was contumacious, involving an entire dereliction of duty, &c, at the same time instructing me to hand over the. Hospital to Dr. Dorset, I think the Provincial Executive should, in providing for the performance of one duty, likewise have made arrangement for the discharge of the other. In conclusion, I humbly conceive that the Medical Certificate which I forwarded to you, together with my letter of the 29th July, should have obviated the necessity of your addressing me as to the constitutional functions of Coroner, which I have for so many years discharged. I have the honor to be, &c, J. P. Fitzgerald, M.D.. Colonial Surgeon and Coroner. To the Provincial Secretary, Wellington.

* ♦ The account of the Second Session of the General Legislature in our present number, (taken from the New ZealanderJ gives an outline of the proceedings after the'delivery of his Excellency's address on opening the Session; the address was published in the Spectator of the 4th. instant. ■> — -«

Thursday, the 19th instant, has been appointed, under the authority of a Proclamation by the Officer administering thef^^phment, to be observed as "a Public daf^of/- Solemn Fast, Humiliation, and Prayer,"; in this Province, for imploring the Divine blessing and assistance on the British arms in the war no\v waging with Russia.