Object #1014012 from MS-Papers-0032-0454
3 pages written 20 Mar 1864 by Sir David Monro in Christchurch City to John Davies Ormond
From: Inward letters - Surnames, Mon - Mon, Reference Number MS-Papers-0032-0454 (19 digitised items).
Correspondents:David Monro, Christchurch, Nelson & Wairau, 1864-1876 (12 letters); Henry Monro, 1860 & 1867 (2 letters); Jacob Montefiore, Sydney, 1868 (1 letter); G D Monteith, Napier, 1862 (1 letter); John Montgomerie, HMS Blanche, 1868-1870 (3 letters).
A transcription/translation of this document (by ATL) appears below.
20th Mch /64
J. D. Ormond, Esquire
My dear Sir
Your letter of the 7th Feby. reached me here. I have been away from home for the last 3 weeks.
It appears to me so far as I understand Mr. Colenso's position from the information you have forwarded to me, that he has held a "place of profit" in the department of the Post office, and has therefore been disqualified from sitting in the House of Representatives - But I understand from you that he has resigned this place, and I presume therefore that the disqualification no longer exists - As regards the course to be taken in the event of a Member being disqualified it is this -
By the "Election Writs Act1858", it is the duty of the speaker whenever he is satisfied that a seat is vacant to address the Governor, declaring the existence of such vacancy, whereupon a new writ issues, and by the 3rd clause of the Disqualification Act, the seat of any Member of the H. of Reptves. accepting a place of profit in the Post office becomes ipso facto
vacant - Had I known that Mr. Colenso was acting in the capacity in the Post office at Napier of which I am now informed by you, I shd. probably have felt it my duty to have declared his seat vacant. But I had no knowledge of the circumstance, and I don't think that his position was ever advertised in the Gazette. If I am correct in understanding from your letter that he is no longer in the pay of the Post office, it wd. be undesirable I think to agitate the matter any further - There might be a quibble raised as to whether the services he rendered, and the remuneration he received constituted a "place of profit". But if the matter is to be further moved in, and I am to take it up officially, it will be necessary for me to address the Postmaster General to know exactly what Mr. Colenso's position is. If he still occupies it, and if it appears to me to be a "place of profit" within the meaning of the Act, it wd. then be my duty to address the Governor, declaring his seat vacant. Trusting the explanation is what you require, believe me, my dear Mr. Ormond
Yrs. very truly
Inward letters - Surnames, Mon - Mon, Reference Number MS-Papers-0032-0454 (19 digitised items)
Series 1 Inward letters (English), Reference Number Series 1 Inward letters (English) (14501 digitised items)
McLean Papers, Reference Number MS-Group-1551 (30238 digitised items)
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