THE PROVINCIAL COUNCIL.

Evening Star, Issue 3205, 29 May 1873, Page 2

THE PROVINCIAL COUNCIL.

•To the Editor.

Sir, —As the late Member -for Cavcrsham baa favored the public with his opinion *a Constitutional Law, and the circumstances attendant upon the recent dissolution of the late Provincial Council, it may perhaps be excusable to consider the accuracy of the learned gentleman’s statements, and the soundness of the views he advocates.

The charge Mr Stout makes against the late Superintendent seems to be that, “ instead of trying to get advisers from the Council, he had thought fit to demand a dissolution.” Now, it is rather a singular fact, that what appears te have caused such an amount of disquietude to the “ twenty - nine ” memorialists is really a very simple matter indeed. It is admitted that the Execonstituted at the time of Mr Reid’s motion, did not, from certain circumstances connected with their appointment possess the confidence of the Council; aud it is equally clear that their resignation was,’ therefore, a matter of necessity ; and, also, that one of three courses was legitimately and constitutionally open to the Superintendent. To use the words of a writer on the English Constitution “It is indispensable te their reta ning office that the views of the Ministry on matters of importance be in unison with those o£ Parliament —that unison where disagreement has existed being affected, (1) either by the calling of a new Parliament, (2) or by the creation of a new Ministry, (3) or both.” In fact, so far from the Superintendent’s action being an abuse of “power,” it certainly seems that, on the resignation o£ the Executive, it was quite open for him to have at once applied for a dissolution, so as to have in a “ new ” Council that “ unison ” which had cea-ed to exist between the Executive and the majority in the then Council The notion that the course already alluded to—that of “trying to get adviser* from the Council ” —was actually obligatory npon the Superintendent, and that he had! “no right” to do otherwise, seems diametrically opposed to the commonest principles of the Constitution. It seem> clear that if the Superintendent had a “right” to do anything at all, it was in the exercise of his discretion to avail himself of his prerogative to demand a dissolution, and thus to clear sway what he deemed to be obstacles to the proper administration of public affairs.

Again, I notice that Mr Stoat completely ignores what may be actual views, opinions, and “confidence of the people.” He is reported to hare said that “the theory of •British Government was this ; that for every expression of the people’s will, there was an organ provided in the Constitutional body ; and the expression of the people’s will could only be got at through their representatives, otherwise the system of representative government might as well be abolished as a farce.” Now, that is one view of the case ; but whether it is abroad and liberal one is another question. The writer from whom I have already quoted remarks : —“ The Ministers or members of the Government are nominally selected and appointed by the Queen ; but as her choice would be vain if it were to fall on men who were disagreeable to Parliament, which might in that case refuse to grant supplies for national business, the Ministry is chosen from among such men as are supposed to enjoy a considerable share of public confidence, and to be able to command a majority in the Houses of Parliament.” 1 need hardly say that the above remarks are not intended to assert that the blame of the present stoppage in public business is entirely attributable to Mr Macandrew’s critics in the Council. But it certainly seems to be a very grave question whether those gentlemen are quite justified iu assuming an attitude which, if it means anything, seems to imply that the Superintendent of the future. Is to be the mere puppet of successive Executives, and to have no discretionary , power in the government of the Province j

whilst the man who la elected by the whole body of the people is really to have no voice whatever in the administration of their affairs,—l am, Ac. B Dunedin, May 28. .