40

regard to the policy, than to the right, of
such appointments. But in such grave
questions as the jurisdiction of the Courts,
there ought to be no doubt whatever; and
I confess I never was more astonished,
than when, applying to the General
Government to give its aid in the support
of the authority of the Courts of Law, I
heard, that the vague doubts to which I
have referred, were, adopted for the first
time by His Excellency\'s advisers, and
thrown into the scale to bring the admi-
nistration of justice into disrepute.

You will perceive that I have stated, in
the correspondence, that no expenses
would be paid after last month on behalf
of the Resident Magistrates\' Courts. I
thought it my duty to state this, because
this Council laid it down as a general prin-
ciple at starting, that no departments
should be maintained out of Provincial
Revenues, which were not placed under
Provincial jurisdiction. I have always
scrupulously adhered to the resolutions
which have been passed by the Provincial
Council for the guidance of the Govern-
ment especially in matters of important
principle.

I have however placed the departments
on the estimates, and I shall be ready to
concur with you in any course you may
finally adopt.

It now becomes your duty, gentlemen,
to act promptly for the well being of the
Province in this emergency, and it seems
to me that the proper and dignified course
for the Province to assume, is to assert the
validity of its own acts, until there is valid
ground for believing them to be illegal.
The present state of affairs ought not to
continue an hour: and although I could
not guarantee the Resident Magistrates
against legal consequences without your
sanction, yet I will readily concur with
you in such a guarantee. If you will give
me the necessary authority, I will issue
fresh commissions, and I have not the
smallest doubt, but that I am correctly
advised, that those commissions could not
be successfully attached in law.

It will then be left for the General
Government to pursue its own course, or
to the Province to reconsider its course
at any future time. But the existing em-
barrassment, which is unmeasurably greater
at this time of the year than at any other,
will be removed at once.

I will not occupy your time, gentlemen,
by alluding to any particular items in the
proposed expenditure on Public Works,
except to two; One is that proposed for
Timaru. Next year there will be more
than £30,000 worth of produce exported
thence. If there were heavy moorings
laid down there, a large ship could load,
and the exporters would save a very con-
siderable sum in the way of freight. If
there be a Government agent on the spot,
al Town will soon spring up, and Town
and will be sold, and probably much of

the rural land in the neighbourhood also.
With some preparations it may be quite
worth while to land a body of Immigrants
direct from England at that place next
year. I would strongly urge upon you
the expediency of opening that country
for agricultural settlement, for which it is
peculiarly adapted. The large squatting
population of the district (a district which
is daily extending by fresh discoveries of
country further inland) will afford a good
market to a considerable agricultural
population; so that the community might
become in a great measure, self support-
ing; whilst wood, of which there is a scar-
city, could be supplied from Akaroa, with
equal, if not greater facility, than it is now
supplied to Christchurch.

The only other item to which I will
allude is that for building Government
Offices. This is a work which you can-
not longer delay, in common justice to the
gentlemen you employ in the Government.
I have forborne, whilst I continued to
hold the office of Superintendent, to remind
you that I have never been provided with
an office or office conveniences of any
kind whatever. In justice to my succes-
sor I must press upon you that such a
state of things is not right. The present
offices for the clerks cannot be occupied
without danger to the health. Now that
funds are to be obtained, these evils ought
to be at once remedied. The Government
Offices alone would not cost above £1,500
---£3,000 will build the offices, and Coun-
cil Chamber in addition, and if you vote the
money this session, the Council Chamber
will only then be completed by the time the
lease of your present Chamber is expired.

The last subject to which I will refer is
one which I can also press upon you with-
out reserve, as I am shortly about to
vacate the office of Superintendent. It
has always appeared to me a very un-
seemly and dangerous proceeding that
those charged with the expenditure of the
public revenues should vote money to
themselves. The salary of the Superin-
tendent and the expenses of members of
the Council ought to be settled by a
permanent act instead of by annual vote.
I would suggest to you that the present is
the best time for passing such an Act, and if
you will acquaint me by resolution that
you coincide in this view, I will send down
a bill for the purpose.

The main business of the session, how-
ever will consist in appropriating the
revenues to the public works and under-
takings. If the colony continues as pros-
perous as at present, this will always occu-
py the most prominent place in your de-
bates. I have no doubt but that the
present proposals of the Government will
meet your best attention.

I have now to declare this Council
opened for the despatch of business.

JAMES EDWARD FITZ GERALD,
SUPERINTENDENT.