The Invercargill Times. FRIDAY, FEBBRUARY, 19, 1864,

Southland Times, Volume III, Issue 45, 19 February 1864, Page 4

The Invercargill Times. FRIDAY, FEBBRUARY, 19, 1864,

The inquiry by the Provincial Cpiinoil' ; into tlie nature of the appointment • held hy Mr. CHAiiao;B'a,,.v3ieijier it is a political one or not, seems singular;* particularly to those cognisant of the earlier days of the Province, when its, creation took place. It is: more Angular still that the Superintendent,, who appointed him, should have any. doubt in liis mind on the subject-— should require to ascertain whether "any existing- enactment settles the political character of the offtee, . either one way or the other." "When we started on our separate existence, questions of politics were of little moment. With the exception of a temporary excitement on the land' question, the community were divided ! between anxiety as to how the experiment of self G-overnment would eventuate, and Gabriel's G-ully turn out, the riches of the latter being discovered about that time. Politics succumbed before the G-olden Deity. Small as was the Electoral Eoll under which the first elections were conducted, when they took place half the electors had departed in search of fortune on the Otago gold fields. Those who remained shook their heads ominously, and mourned separation ; believing that the exodus which was taking place wQuld be a permanent one. ¥c had not then so luxuriant a crop of (.to vernment officials as Aye rejoice in at present. ]N T or was it so easy a matter to obtain efficient men in that early stage of our life. As when a merchant .starts in business correspondence is liis principle occupation, so with us, at thai time, the most onerous position was Clerk to the Superintendent. This appointment Mr. Chalmebs was to fill, and for some time he fulfilled its duties. The duties of the Treasury it was anticipated would not overtask lhc energies ofthe individual holding the position. It- was offered to a gentleman who had not even a seat in the Council, so little was it then considered a political appointment. It wan, however, necessary to find a rather considerable security; and as the person to whom the appointment was oflered found some little difficulty iv oldnining this, Mb. Chalmebs consented to accept the appointment. It was very evident, 1 herefore, that at first it was considered anything but a political appointment, as it was first offered fo one Avho could not possibly fulfil the duties were it a political one, •not having even a seat in the Council. Under these circumstances it would appear strange that the matter should now come before the Provincial Council. The publication, however, of the correspondence on the subject between the Superintendent and Mb. Cv ai.mebs, explains it. His Honor, in his letter to Mb. Chalmebs, of the SHi inst., has come to the conclusion that, under the circumstances, Mb. Cji.-u/mebs "cannot continue tohold the office of Provincial Treasurer," and that gentlemen, under the 15th clause of the Provincial Government Ordinance, has appealed to the Council for an investigation into the reasons for this implied In the correspondence wo find a variety of arguments adduced by Mr. Chalmebs, showing that, in this particular instance, his appointment never was, and could not be considered a political one*, and that consequently, resigning his seat at the Council Board did not call upon him to resign his appointment as Provincial Treasurer. Setting aside the strongest evidence that, as we have already staled, the appointment was in the first place offered to a gentleman who had uot even a seat in the Provincial Council, nor contemplated aspiring to one, vJ& think Mb. Chalmebs' arguments are tolerably sound. In the first jilace the Provincial Government Ordinance, 1802, makes specific provision for the appointment ofa Treasurer irrespective of an Executive Council. " The Treasurer and members of the Executive Council shall be appointed by the Superintendent." Had the words, " who shall be ex officio a member of the Executive," been introduced after the word Treasurer, it would have been different ; as it is there can be no doubt that the political nature of the appointment was not contemplated. On accepting it Mb. Chalmebs was obliged to resign his seat in the Provincial Council in terms of the Ordinance under which he had been appointed. As his former constituents declined re-electing him, Mb. Chalmers waited until another vacancy occurred ; not for the purpose of holxL ing the Provincial Treasurership, but because he was urged to the step by the members of the Executive with whom he was co-operating, and no better man could be found. In the .meanwhile he continued in the active exercise of his duties as Provincial ( Treasurer, though the mere fact of his continuing in office,pen'din.g re-election, was no proof that the ofiice was nonpolitical. On the Superintendent's | reeentvisit to Auckland: Mr. Chalmebs was appointed Deputy Superintendent, and his Clerk Acting Treasurer. ;As Mr. Cjialmers argues, if the appointment;'is a political one all the actions •of the Acting: Treasurer -...are 'illegal:--In clause, seven of the : Provincial Government Ordinance it is- provided that; " all instructions to: -the -Provincial; Agents, or other..persons. not resident, in the Colony, 1 forthe xpaymentibf: monies, or for the sale or appropriation, of Debentures or other -securities

belonging to the Provincial Govern* ment shall be countersigned by'the Treasurer." ' Clause* eight states that "the Treasurer shall issue any license or other document for^ the ' exercise of .any privilege ' within the Province which by law is issuable by the Treasurer of a Province in the Colony of New Zealand. " Have any of these dutiea been performed by the Acting Treasurer? Are they illegal? It is a pity His Honor did not consider | this matter sooner. Had he believed the j appointment a political one, why did he i not appoint some other member of his ! Executive. Deputy Superintendent, i and not have rendered the actions of | the most important department under the G-overnment illegal ? "We find in Victoria, owing to a blunder in their legislation, actions are bein^ brought against the Commissioner of Customs ' for illegally obtaining customs' duties. Aro we to be placed in a similar position, because at one time it is con- ' I venient to view an appointment as a political one, at another not ? "We are not considering the question as to whether the appointment ought to be a political one or not : we have merely to deal with the facts of the case as they are — -to inquire whether or not Mb. Chalmers is open to censure for not resigning his appointment as Provincial Treasurer when he J resigned his seat at the Council Board. •;] Whether it is justifiable, under the circumstances, that he should be held up to public reprobation for conscientiously opposing actions which he disapproved of, though holding still the Provincial Treasurership. "Whether or not he ought to have appealed to the Provincial Council. After acknowledging that there is no legal ground for supposing that the appointment is a political'one, after pro vino; by h.is own actions that he had not considered it was, His Honor winds up the correspondent by stating, in reply to Mb. Chalmebs' statement, that as Provincial Treasurerhe considered himself free to oppose j G-overnment measures — " I conceive that a weal; Government alone would permit this important office to be held on those terms. You have also stated that you decline to bring forward any measures on behalf of the Government. On consideration of those circumstances, I regret to say that I arrive at the conclusion that you cannot continue to hold the office of Provincial Treasurer." Mb. Chalmers, believing- he ought not to be dismissed, naturally appeals to the Council, who, until a fresh Ordinance is pasted, cannot, however desirable it may be, consider the present appointment,talcing the facts of- the case into consideration, a political one. Let us admit, for argument sake, 'that it i.s so, what better off are we than Aye were before ? His Honor" tulks of a weak Government not allowing the appointment to be held on Mk. Chalmers' terms ; we are not aware that there is any Government at all at present iv existence*; unless we take it for granted Aye are under a despotism. Mr. Chalmers says — I " must resign my seat in the Executive Council, because your Honor differs from me as to the powers possessed bya Superintendent, and the extent to Avhich he should exercise those powers ;" and the Provincial Council, in its reply says, "so say all of us." Mr. Chalmers resigns his political appointment ; well, who can be Treasurer ? His Honor consents to govern constitutionally ; well, that is all Mr. Chalmers wants. He then retains that office Avhich, as the Superintendent acknowledges, " for two years and a half he has filled with credit to himself and benefit to the Province." Thus, things would be just where they were before. If the Provincial Treasurership is a political appointment, and His Honor and the Provincial Council maintain their present positions, no sooner does Mr". Chalmers resign than there ceases to be a Provincial Treasurer, and all payments must be stopped. The fact is, there must be a new Ordinance passed at once providing for a Sub-Treasurer, also a Provincial Treasurer, Provincial Solicitor, and probably a Provincial Secretary, who shall be, ex officio, members of the Executive Council. Otago passed through the same stages of this disease as Aye are doing at present. In the Executive Council's Ordinance of 1861 it found its remedy and settled properly the position of ProA'incial Treasurer, Avho was, ex officio, a member of the Executive Council. Until soire* su«h Ordinance is passed, Mr. Chalmers cannot be deprived ofhis appointment, nor blamed for the course he has pursued. We cannot say Aye . see exactly what- the correspondence between the Superintendent and- Mr. Chalmers has to do with the Council's reply to His Honor's speech : ; or that it Avould have been more "fair" and " chivalrous " to have given it publicity before that reply was agreed to. .JWe really do not think Mr. Chalmersfriends will have cause to "regret his reticence on this point; we see in his conduct no Want of "high-minded aud honorable feelings -towards "Dri Menzies." Every one loiows^that; His Honor is- a gentleman, and that he ; acts invariably with the courtesy of one. ■ If he snubs, -he does' it- in a perfectly gentlemanly Avay. Every member of tho Council knew this, and did not require the letters to assure them of it. Certainly, it is pleasanterto deal Avith a man Avho says, "It is Avith extreme regret I differ from you,^ but I really must maintain my opinion," than AvitV one Avho says, " You're a fool, and I'll see you 'hanged first." The practical result is the same. • The Provincial Council had to deal with the result, no matter in Avhat,words it was; put: * His Honor could do no less than' bear testimony to the creditable manner in which Mr. Chalmers has filled for

*mutmto**i** 1 i rm rtif ■ a. mi ri Aimtiiy ' two years and a half the' position of I Treasurer. A blackguaard probably would not, but it is well-known Db< Mestzxeb is a gentleman,' We can-easily understand his, begging s£b. Chaemers ; to reconsider' his determination/and w* ' ,> cepting .his tally ', with, , regret., In the first place/ His Honor-, cannot disinisa him for political reasons- * alone; that he cannot for any other/ he, with his usual good taste ftrid, 'courtesy, states. In $ext, u ,by. ( losing Mn, Chalmers, His/ : -'Hpnp.y," loses his right hand, Much! of'the im**-" portant duties of .the Government were carried on by Mb.- Ciulmebs. ' „X3l~, the correspondence with the ProVinej^V Government Agent was epnductdd by 4 - him; all. His 'Honor's battles '-were fought by him in the Council, ( » "With- , out his aid, the present, crisis, .would have come long ago. H^e- has v steered His Honor's political bark through the t „ House, and we question \vhether it could have been done ras wellby others. Mr. Chalmehs' dismissal, were it effected, is 'a public-, loss. -It would be no easy task ,for another, to r pick up the thread where it leaves hia • hand. The correspondence t simply discloses a gentlemanly bearing; yjt ' contains nothing which could >haye ■> affected the reply to the address ; it is simply a private matter affecting Mb. Chalmers, and, perhaps, in 'degree" His; Honor! ..The 7 substance is,:}. —"•■I, do. not acknowledge; ;the s right ; Qfp. the Executive to; dictate;tome. r '!; rj; This* :; is exactly what the reply of the |Gpuncilprotests ; against. ; Its - publication.-; at an Pearlier .-. date would;<but -haye'*; con-;? vinced: the-: Provincial; hCouneil that,His Honor was the - more -f when; though; withyregret,- he dismisses ■ '. so A r aluable an officer ;for difference .qf opinion. : We' r carh w;ell -understand; His Honor giving Mr. Cb^l^rs s a"j week to consider; /though the K gene-: > rosity of hinting at rthe /loss .of his 7 appointment, should ; he .prove contu T macious, may be questioned.; Had Mb. - Chalmers: succumbed" his political; career Avould have beeix entirely blasted,., and His Honor, probably, havetriumphed.; . Over : the Provincial Council.;: - ; r^ith - what "a Palmerston *„: or la ; liussell " ? would have done we ihave nothing, to. v do. We cannot indulge in ifche flowery, \ ■ Aye have to deal Avith the j practical. - Whatever may be provided hy. enact-. r ment for the j^tf^r^/;-.we*-v.h'aye,-:tlie n present to deal With. Tinder ..the, present state of ; things, "ye hayejnp hesitation in stating, that' Mr^Ghalt mers cannot be •; .deprived : of ; th'e- ; PrQ-' vincial Treasurership -for •"".- -politicalr reasons. Nor can Ave.^ conceive S :jthat| the slightest shadow can be cast Pfthis t conduct throughout. f"U ■yiyA--