THE COLONIST. NELSON, TUESDAY, OCTOBER 25, 1859.

Colonist, Volume III, Issue 210, 25 October 1859, Page 2

THE COLONIST. NELSON, TUESDAY, OCTOBER 25, 1859.

It is the fault of extremes to approximate in effect; a redundancy of exertion is generally as unavailable as a paucity, and in matters demanding deep consideration it is as prejudicial to have them hurried and slurred over, as to have them not discussed at all. In legislation this is peculiarly so, whether it be upon an individual case before a Judge, or in the framing a code of regulations by which masses are to be governed. The members from the Nelson province holding seats in the General Assembly at Auckland, returned after the close of their labors, and a remarkably substantial Blue Book was the result of those labors. Nursing their fondling, they could with honesty appeal to its large size and quick birth; and the province could do them no less honor than to invite one of the most active to a dinner, and through him hope that they were "all doing well." Dr. Monro, in a neat speech at Richmond, explained that they were all "as well as could be expected." Enquiring minds then began to look at the propositions, and put a value on them. We then found, amongst the seventy new acts passed, one at least far from perfect, and that No. 70 itself—the New Provinces Act. In this we find that a very great alteration has been made in the mode of conducting the affairs of any new provinces which may, by the powers contained in the act, be proclaimed. With regard to ourselves, in the immediate vicinity of Nelson, we remain as we were before, under the Old Constitution Act. The two great features in which the new province will differ from ourselves, and to which we object, are these—that the people do not elect the Superintendent,, and that when elected he is a nullity. With regard

to the first objection, we shall be told by the supporters of the new arrangement, that the Provincial Council being the electors of the Superintendent, and themselves elected by the people, the Chief Magistrate is, in fact, the representative of all districts. If human nature were infallible, and t^e representatives of a district always acted up to the wishes of the majority of their constituents, this answer might be a sufficient one upon this one point; but there is another yet to be regarded; in questions of the utmost importance being discussed, the illness of one provincial member might antagonise the wishes of the province. We have only to recall Mr. Elliott's ineffective address to the Governor, to give us an example where a minority of the public might by accident have gained a short triumph to themselves. We do not think that a single member of the majority on that occasion would candidly assert that he believed but that an appeal to the public at that time would have ensured a larger majority for our present Superintendent. Their point was to harrass and annoy, but they miscounted their influence. Thus, then, we assert that it is a duty owing to all the electors of the province of Maryborough to have repealed the 10th clause of this act. A fair expression of their feelings cannot be obtained otherwise; and they should elect no one as their representative in Auckland, who does not pledge himself to, use every endeavor to have this obnoxious sentence altered. Our second objection to the act is founded on the 12th clause, which deprives the Superintendent, chosen by this new Provincial Council, to give assent to any of their proceedings. If there be any value whatever in a Superintendent, it is this-«-that the authority be vested in him, who, by intimate knowledge of all the circumstances attendant upon a new act, is enabled to make it immediate law. Take away this power from him, and what is left?— a chair filled with a valueless mockery. He is enabled, certainly, to take that chair, but in it cannot write his name to assent to any even unanimous proposition. A case—such as a visit from a second Dr. Hochstetter—might arise, when the Provincial Council of Hawke's Bay or Marlborough might wish to pass, in the name of the people, a vote of thanks to their guest; and the"ir Superintendent, like a big boy, must send for his papa's approval, if a private bill be introduced, to offer any more valuable expression of thanks than words. The two above recited objections are sufficient to shew that local self-government will not be obtained by any such means as our new act provides. The framers of this had a deep design in it; they have, with extreme care, so worded it as to make it capable of having the whole four in handclub driven through it, and tbe people, nose-led, have petitioned for such a benefit as this! Who will be the adventurous hero to guard this devoted band? Not one word is made mention of his Executive Council. Is he to have any influence in the matteV, or is the Provincial Council to appoint them as well ? Is he tffnd himself linked with parties of opposite feelings and politics?' In clause 14 a Treasurer is spoken of, to whom must be made payable all the revenue of the province. Can the Superintendent be Treasurer also, or not ? Would it be desirable to have the two battling over the public money? With a vote of appropriation, joined in by the Superintendent on one side, and an obstinate Treasurer, amenable to no control, on the other, who can discharge this official if he signs his name "Holdfast?" These observations are made in all sincerity and good feeling. We endeavor only to point out to the new electors that they must carefully watch the workings of the bill. The obvious intention is, to throw ridicule upon all local self-government, by depriving it of its very vitality. The farrago of nonsense, which is in the end of the act, vests in the new Superintendents all the public reserves granted to the Superintendent of the original province, and is a plain proof of the venality or stupidity of those gentlemen whose names we shall publish as soon as the list of divisions reaches us. Would it be thought possible that Messrs. — could so far forget their duty to their constituents as to bestow the reserves for Botanical Gardens, Government Buildings, Schools—in fact, every Government reserve in the province of Nelson—to the province of Mailborough ? And yet .it has been done in plain and distinct words. Those who framed, and those who supported such a clause, deserve to be paraded for their clever. legislation. They have more than once wished to embroil us; they have shrunk from no means, however suicidal— be it either, monopoly of our gold-fields, -or dissolution of bur Provincial* Councils, and last, but not least; to gain their point of disgusting all with our general institutions they have not shrunk from exposing themselves personally to the ridicule of all those who can read the English language, or write two consecutive clauses of grammar.