Financial Arrangements Address




that some payment may be lawfully demanded from the Province on this account.
But the manner in which the demand is
made does not appear to me to be admissible. In the first place, the law provides
that the surplus revenue of the Colony may
from time to time be applied to redeem the
debt. It is therefore clearly incumbent on
the General Government to furnish accounts
of the state of the public debt, before taking
the funds to meet the interest, because there
would otherwise be no security against
sums being taken for the payment of interest on a debt the principal of which might
have been in part discharged.

Again, it is proposed to distribute the
charge upon the Provinces in proportion to
the amount of Revenue raised in each;
whereas the Ordinance expressly states
that the burden shall be divided amongst
the several Provinces in equal shares. No
doubt the provision of this Ordinance is a
most unfair one, but it is nevertheless law,
and must be respected as such until
altered.

The next sum reserved by His Excellency
is to meet the expense of the Savings’
Bank, but the 23rd clause of the Ordinance
under which such Savings’ Banks are established, enacts, that the expenses shall be
charged on the General Revenue, or on
the Revenue of the Province in which
the Savings’ Bank is situated.

It appears therefore, if not illegal, yet most
unjust, that one Province should be called
upon to contribute to the maintenance of an
institution whose benefits are felt solely by
the Province in which it is situated. And
as the law does not absolutely impose this
charge on the General Revenues, but leaves
the option of fixing it in the Revenue of the
Province which enjoys the benefit, I cannot
help thinking that the General Government
ought to have adopted the latter alternative.

For the same reason it may be said that
the next charge made on our Revenues is an
unjust one—that for expenses under the
Education Ordinance. No school has been
established in this Province under the provisions of that Ordinance. If we adopt the
principle of State assistance to schools, we
shall probably find it necessary to repeal
the Education Ordinance altogether, and
therefore the authority under which this
charge is made.

For all these reasons therefore, Gentlemen, it seems to me that the financial arrangements made by the General Government are open to grave objections, and
ought to become a matter of careful consideration to the Legislature of the Colony,
and that you will pause before you give the
weight of your sanction either to the arrangements themselves, or to the assumption of authority by which they have been
made.

Gentlemen, until the legal difficulties
which I have placed before you shall be
removed, it is not the intention of the Provincial Government to propose to you any
Bill for the appropriation of the Revenues:
certain resolutions will be submitted for
your discussion, and you will be asked to
give a provisional sanction to the expenditure of such funds as may be necessary for
carrying out the public service of the Province until you may be in a position to appropriate the Revenue by law.

It is a matter of deep regret to myself, as
I am sure it will be to you, that at so early
a period in the exercise of the privileges
conferred upon us, anything should have
occurred to disturb that harmony of action
which it is so essential to maintain between
the various branches and estates of the
Government of the Colony. But I am fully
persuaded that now, as upon all similar occasions, we shall find our safest and wisest
course in a rigid adherence to the strict letter
and spirit of the Constitutional law, whereby we shall give the best assurance of our
loyalty, and the best evidence of our gratitude to the Crown and Parliament of England, for the privilege which it has been
their wisdom to bestow.

Resolutions in answer to the Address of His
Honor. Adopted November 9th, 1853.

That this Council having taken into
their consideration the speech delivered by
His Honor the Superintendent on the first
of November, and the several matters relating thereto, resolve as follows.

  1. That in the opinion of this Council all
    appropriation of the Revenue of the Colony
    prior to a meeting of the General Assembly,
    is a violation of the spirit of the Constitution Act.

  2. That until a meeting of the General
    Assembly shall have taken place, or, until
    further information is laid before them, this
    Council will abstain from passing any law
    for the appropriation of the Public Revenues.

  3. That considering the extreme inconvenience which would be occasioned to the
    Public Service from the discontinuance of
    the functions of the Local Government, this
    Council will (so far as may hereafter be
    within its power lawfully to appropriate the
    public Revenues of the Province) guarantee
    the Expenditure of such Revenue according
    to estimates to be approved of by this
    Council.

  4. That an Address be presented to His
    Excellency the Governor, praying His Excellency to acquaint this Council when the
    General Assembly are about to be called
    together, in order that the Council may be
    guided as to the proper course to be pursued in the matter referred to in the speech
    of His Honor.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1853, No 4





✨ LLM interpretation of page content

💰 Address on Financial Arrangements (continued from previous page)

💰 Finance & Revenue
1 November 1853
Financial Arrangements, Customs Duties, General Government, Provincial Government, Constitution Act, Revenue Appropriation, Legislative Authority

🏛️ Resolutions in Response to Superintendent's Address

🏛️ Governance & Central Administration
9 November 1853
Resolutions, Revenue Appropriation, General Assembly, Provincial Council, Public Revenues, Constitutional Law