The Evening Star TUESDAY, DECEMBER 7, 1869.

Evening Star, Volume VII, Issue 2056, 7 December 1869, Page 2

The Evening Star TUESDAY, DECEMBER 7, 1869.

The special session of the Provincial Council has been rendered necessary because of the difference in opinion between his Honor the Superintendent and his confidential advisers on very important subjects, the Clutha Railway and the proclamation of Hundreds. Two parties at issue are at once disclosed, and it remains for the Provincial Council to say whether they will sustain his Honor in his effort to carry out their own desires, or whether they will uphold the narrow obstructiveuess of the Reid administration. One of the Solon’s of Otago has discovered, that in this appeal to the Council against the course taken by the Ministry, the Superintendent is not acting

constitutionally. We do not suppose o.ny one was deceived by sucli sage advice, although it is not given to every one to know the difference that subsists between the position of an elected Superintendent and the nominee of a superior Government. But lost it should be imagined that in convening this special session the Superintendent has wrongly used his powers, and lest it be supposed that the ex cathedra utterances of the Daily Times have any better foundation than the misconceptions of the writers, wo will endeavoi to set the truth before; our readers, albeit the subject is somewhat dry. There was an editorial essay last week, remarkable only for its abuse of the Colonial Office in dealing with Sir George Grey, Sir Charles Darling, and, in Jutivro, with Sir G. F. Bowen; and another, laying down novel Provincial doctrines. In these articles it is assumed that Colonial Governors and Superintendents, who are all classed under the same ideal responsibility, are bound to act upon the advice and at the suggestion of their Executive Councils, or to suffer in mind and estate. The alternatives are lamentable in the case of Colonial Governors. as is sure to be the case, Colonial Executives differ from Downing street, they and the Governors must part or the latter be visited with the rod of Imperial indignation. We are not told who are to whip refractory Superintendents. Now this is to a great extent a mis-statement of facts. The Goveinor of a Colony is not bound to act by the advice of his responsible adviseis. He is not responsible to the Colony for his acts, but to her Majesty, from whom he draws hisjauthoiity. Professoi Hearn, in reference to Governors of colonies, says, “ But even in matters of “ discretion, and this is the distinctive “ feature of colonial parliamentaiy goH vernment, the Governor is not abso- “ lately free to follow the counsels of i( his political advisers. The Queen, “ indeed, may, without reference to any “ external considerations, accept or “ reject the advice of her ministers. “ But a Governor cannot do so. He “ is not even a Viceroy. Much less “ has he any independent l“ though he is the first subject in the “ colony over which he presides, and is “ entitled to all the consideration “ which the great confidence reposed “ in him by his Sovereign demands, he “ is in strict law merely an agent of the “ Queen, exercising in her name and “ on her behalf, under certain strict “ instructions, some of the Royal pre- “ rogatives. His authority is derived “ and is strictly limited.” . . “ If “ from any cause, whether originating “ in his instructions or not, he cease to “ to have confidence in his advisers, he “ is entitled to seek other counsel ; and “ if he be supported in this course by tc the Colonial Parliament, the matter u is still free from difficulty. If how- “ ever the Colonial Parliament refuse “ to support his new advisers, the in- “ terference of the Imperial Govern- “ ment becomes necessary.” . . “ In “ no case then is the Governor person- “ ally responsible to the Colonial Par- “ liament for the policy he pursues.” It will be observed from this extract that the principle of responsibility pervades the whole system ol constitutional government. But it does not follow because a Governor is responsible to the Crown that a Superintendent in that respect in any degree resembles him. The principle really laid down is that the Heads of Governments in the Colonies are directly responsible to those who appoint them. It is very plain that both Governments and Superintendents in the course of their duties must form judgments independently of their Executives, or they are not worthy to bo entrusted with the powers they exercise. It has been seen that in the case of Governors, they are entitled to seek other counsel should they differ from their advisers; and in doing so, they must also seek the support of their Parliaments. In like manner, when Superintendents and their advisers differ, should other Ministers be chosen, if the difference has been caused by a desire on the part of the Superintendent to carry out the Ordinances of the Council, 1 which Ave believe to be the cause of the coming special session, the Provincial Council will not stultify itself by refusing to support him. Thus far the analogy holds good, but in regard to responsibility, a Superintendent oavcs it only to those avlio elected him. He is the representative of the popular wish ; a political officer chosen because of his known vieAvs on specific subjects, supposed to be for the benefit ot the Province over Avhich he presides. He is elected by the same majorities avlio send their representatives to the Council, and therefore on all leading matters must be supposed to he at one with them. A Superintendent is, de facto, independent both of the Governor and the Crown. If it should prove that the Provincial Council do not coincide Avith the view that he has taken in his desire to carry into execution the measures they have passed, and that the opinions of his present advisers are

more in accordance with their ideas, he lias two courses to pursue; either to content himself with having submitted the point of difference to their consideration and to accept their decision, or to ask the Governor to dissolve the Council, that the people to whom alone he is responsible may may be the ultimate arbiters in the matter. Under present circumstances we think Mr Alacandrew had no choice but to convince the Council.