The Standard AND PEOPLES ADVOCATE. (PUBLISHED EVERY WEDNESDAY AND SATURDAY.) SATURDAY, OCTOBER 14, 1876.

Poverty Bay Standard, Volume III, Issue 419, 14 October 1876, Page 2

The Standard AND PEOPLES ADVOCATE. (PUBLISHED EVERY WEDNESDAY AND SATURDAY.)

SATURDAY, OCTOBER 14, 1876.

“ We shall sell to no man justice or right: We shall deny to no man justice or right: We shall defer to no man justice or right.”

The effect of the Abolition Act, even before abolition is a fact itself, seems to be assuming proportions of a rather serious nature in Dunedin. As is well known, Mr Macandrew, the Superintendent of Otago, has been a persistent opponent of the measure which to deprive his province of file exclusive right to the land fund raised within it; and, as he sees the day of dissolution approaching, so does his faith in the new salvation grow more dim, and his hostility to law and order becomes more open and demonstrative. There is one thing very certain, that if it were ever contemplated by the framers of the Constitution Act, and can be upheld now, vi et armis, that Provincialism should be endowed with a political power, mighty enough in its littleness to politely defy the Parliament of fhe Colony, and even attempt to set at nought the Queen’s Representative, then, in that case, it is one of the most potential forms of reason why such a state of imperium in imperia should be abolished Without the consolatory accompaniments of bell, book, or candle. Wb append Mr Macandrew’s telegram;. to the Governor, which was submitted to Ministers for consideration, and the reply they make to it through the Premier. It is hardly likely 1 hat anything will come of this matter-; but should these Scotch Covenanters persist in their chimerical schemes, Sir George Grey’s prayerful alarms will more reasonably exist for the safety of Dunedin than for that of Auckland. Mr Macandrew thus, wires to his Excellency the Governor: — “ On behalf of the people of Otago I beg most earnestly and respectfully to request that your Excellency may be pleased to withhold the Queen’s assent from any action of the Colonial .Parliament, having for its object the giving effect to the Abolition Bill in as far as this Province is concerned. “ The great bulk of people are determined to maintain those privileges of local self-government conferred upon them by the Imperial Parliament,privileges which! am adviseditis ultravires of the General Assembly to take away without their own consent expressed through their own local legislature. I can assure your Excellency that your Responsible Advisers are altogether misinformed, or have no conception as to the deep and earnest feeling which pervades this Province on this subject, a feeling which is becoming more intense the more the effects of Abolition come to be realised. I venture to say the action of your Advisers in respect of this Province must, if persisted in, result in a dismemberment of the Colony. From all quarters the Provincial Government is being urgently appealed to to obtain a plebiscitum of the people, with a view to an appeal to the. Imperial Government, who, it is confidently hoped, will not turn a deaf ear to what 1 believe will undoubtedly be found to be the deliberate and unmistakable verdict of an overwhelming majority of the settlers in Otago. I would only add that the extreme gravity of the situation must be my excuse for thus addressing your Excellency. “J. Macandrew, “Superintendent of Otago.”

minister's reply.

“Mr Macandrew prays that your Excellency will withhold the Queen’s assent from any action of the Colonial Parliament having for its object the giving effect to the Abolition Bill in as far as Otago is concerned. He appears to forget that the Abolition Act is now law; has been left to its operation by Her Majesty, and will come into force without further legislative action. “ Mr Macandrew says he is advised that the action taken by the General Assembly, and assented to by Her Majesty, to amend the Constitution, is ultra vires. It is open for him if he can, to convince the courts of la w that the advice he relies on is sounder than that of the Law Officers of the Crown in London and New Zealand. “ His Honor assures your Excellency that your Responsible Advisers are altogether misinformed, or have no correct conception as to the deep and earnest feeling which pervades the Province of Otago on the subject — a feeling which is becoming more intense the more the effects of the Abolition Bill come to be realised. “Ministers are fully aware of and deeply regret the strong feeling against abolition apparently held by a large portion of the inhabitants of Otago, fomented, as it has been, by misrepresentations and agitations, for which the Superintendent himself is in a great measure responsible. They are also aware of a strong feeling in favor of abolition among another section of the Otago people, and they knoW that neither party has yet had an opportunity of judging practically of the effects of legislation which has not yet been put in force. It is contrary to every principle of representative and parliamentary government to allow the temporary effect of local agitation to outweigh the deliberate decision of the people in Parliament assembled. Your Excellency’s advisers, therefore, deeply regret that a Superintendent of an important province should venture to tell your Excellency that the action of your advisers must, if persisted in,, result in the dismemberment of the colony. That action is the result of the determination of two Parliaments — the present one having been elected to carry out the decision of the last.

“ The Superintendent concludes by stating that from all quarters the Provincial Government is being urgently appealed to, to obtain a plebiscitum of the people, with a view to an appeal to the Imperial Government. “ Ministers need scarcely remark that a plebiscitum is a mode of expressing popular opinion unknown to any consitution based upon representative institutions ; and that even if a vote of a majority of one province were to be obtained against any Act of the Legislature, such a vote could not be allowed for a moment to have weight against the decision of the representatives of the whole colony. “ Your Excellency’s Advisers are also receiving urgent appeals from Otago, especially from the outlying districts, in a directly contrary sense to those relied on by the Superintendent ; and they are satisfied that their endeavor to secure local self-govern-ment for . all the districts in the country is welcomed by a large proportion of the Province of Otago, as it is by the Colony of New Zealand. “ The measure now under consideration of Parliament, for the establishment of counties, will leave the whole question of the division of the country for the purposes of local government ultimately in the hands of the people ; and Ministers have no reason to believe that the people of Otago are less desirous than those of other parts of New Zealand to localise the administration of their local affairs. “H. A. Atkinson.

To this Mr Macandrew replies, telling the Governor that his advisers are “ under a cloud,” aud concludes thus ;— “ As it appears that no redress need be looked for at the hands of your Excellency’s Government, it only remains now to appeal to the Imperial authorities in the hope that what is understood to be the law of the I Empire will be maintained, namely, that constitutional privileges once to a people are never taken away without their consent.”