Provincial Council.

Lyttelton Times, Volume V, Issue 264, 12 May 1855, Page 2

Provincial Council.

Tuesday, May Bth. Present —all the members, except Messrs. Moorhouse and Simeon. Mr. Hall claimed the indulgence of the Council while he offered a few words in explanation of the course in which his colleagues and himself had felt called on to adopt. They had accepted office in November last, on the understanding: that they would hold it so long as they should possess the confidence of the Council; and, so long as the general policy which they brought before that Council should be accepted by the majority. When that should cease to be the case, they would give place to others. On this understanding, they met the present Council, and placed before them the measures they believed best adapted to promote the welfare of the province. These measures had not met generally with the concurrence of the Council. The Lyttelton Corporation Bill had been decidedly rejected,—the Educatiou Bill had been virtually negatived,—and on the Waste Lands, the Council had adopted a policy at variance with that which they believed would be satisfactory to the people of this province, and conducive to its welfare. These circuirstances rendered them anxious to retire from office, and act up to the understanding on which they had accepted it. It was, however, evident that a change of government at the present moment could not but be productive of serious public inconvenience. The Council had, moreover, favoured them with expressions of confidence, and given expression to a desire that they should retain their seats. These considerations determined them, even after the rejection of the land rate, to go on until the end of the session, and then to retire. The house would recollect that he had made a statement to this effect, in his place in 'the Council, on Thursday last. On the following day, before the Council broke up, he received from the Superintendent the following letter:— Superintendent's Office, Christchurch, May 5,1855. My dear Sir, Before the meeting of the Executive Council to-morrow, I feel it my duty, with some reluctance, to request your attention to the position in which the Government is placed by the proceedings of the Provincial Council up to the present time. It appears that the whole policy of the existing Government has been rejected' with the exception of one measure as yet not discussed. Whatever doubts I may entertain as to the ultimate success of the experiment of introducing the system of ministerial responsibility in the affairs of the Province, it seems to me essential that that principle should at all events be fairly tried. J The Provincial Council are willing-, I am well assured, to adopt that principle with judgment and moderation ; and to abstain fiom enforcing the resignation of any Government upon every individual defeat; but the formal and decided rejection of an elaborate policy appears to me to indicate that the members of the Government do not enjoy the confidence of the Council, and that they Tail to command its opinion. 1 would therefore suggest to you whether the public service would not be best consulted by the construction of a new Government. At all events it seems to me right that you should at once dc-teimine, and acquaint both myself and the Council with the course you are now prepared to advise, and should abide by the result. J I am,"my dear Sir, - Yours faithfully, James Edward Fitz Gerald. John Hiill, Esq. He immediately communicated this to his colleagues, who agreed with him that, although two alternatives were left open to them, it was impossible to do otherwise than tender their resignation. He felt confident there was not one member in that Council who would blame them |«>r this proceeding They would surely feel that however ready the members of the Executive Council might be to sacrifice their personal feeling, with a view of obviating delay or cnbara^sment in the present position of affairs, that letter left them but one course. They, therefore, requested him to return the following answer:— Christchurch, sth May, 1855. My dear Sir, J have laid before my colleagues your letter

of last night upon the subject of the present position of the Executive Government, These gentlemen, in common with myself are of opinion that the recont votes of the Provincial Council pronounce the policy we have as yet brought before that body to be at variance with the opinions of the majority.' When this became apparent we were desirous of immedidiately relinquishing office, and should at once have placed our resignations in your hands, but for the expression'- of a strong feeling on the part of the Council, that we ought not to abandon our post at a moment when a change of Government might be productive of serious public inconvenience. Anxious therefore as we were to be relieved from further responsibility, this consideration induced us to remain, on the express understanding, however, that we did so only until our retirement, could be effected without embarrassment tothepublic service. I made a statement to this effect in my place in the Provincial Council. The letter with which you have favoured me, appears to my colleagues and myself to place the matter on a different footing. The expression of such an opinion from so high an authority relieves us from the duty of retaining office any longer against our own wish, and enables us at once to give effect to our already expressed intentions. I am therefore requested to intimate that we hold office only until the appointment of our successors. I remain, my dear sir, Yours faithfully, John Hall. To His Honor the Superintendent, The honourable gentleman concluded by stating that he had been informed arrangements had been made to meet the Council with a new Government. He was not aware who the gentlemen composing that government were ; he' had little doubt they would be persons of greater ability, more matured experience, and a higher order of talent than they (the late government). But be felt sure that no men could take office who were more ready to devote their best energies to the public service, more anxious to do their duty faithfully to the Superintendent and the Council, or who had the interests of Canterbury more sincerely at heart. Mr. Brittan rose and said he desired to obtain the indulgence of the house whilst he made a few remarks in consequence of what had fallen from the hon. gentleman who had just sat down, and stated the steps which had been taken towards the formation of a fresh Executive Government. Before doing- so, however, he would venture to express on liis own behalf, and he would venture to say on the behalf of most honourable gentlemen present, his appreciation of the zeal in the public service, and the unremitting assiduity in the discharge of their official duties which had ever distinguished the late members of the Executive. He was extremely anxious to avoid the expression of any word which could give rise to anything like pain; this was not the occasion to'do so- but be would venture to suggest that it was to that zeal that the present state of things was owin". It was from that zeal and activity, that they were led to introduce into this house measures so large that the house felt they could not with a proper sense of their responsibility deal with them in the short space of time within which the session was confined. It was from this feeling, and not from any want of confidence in the late government, that he (Mr. B) believed the house was induced to set aside those measures. No doubt those gentlemen had acted up to a high sense of duty, and though the honse could not but feel the embarrassment winch their retirement had occasioned it would award to them the praise which was their due as zealous, diligent and faithful public servants, (hear, hear). He (Mr. B.) would now communicate to the house the steps which hnd been taken towards the reconstruction of the executive Council. He had yesterday been sent for by his honor, who had been pleased to commit tohnn the duty of forming a new Executive Council. He (Mr. B.) need hardly say that under any circumstances such a duty was a most difficult and anxious one. But it was especially so, under the -peculiar circumstances ol the province arising from the distance at which those gentlemen resided from each other whom rt was necessary to consult. He should therefore, have to ask the house to adjourn, to Jiirimh him with time to try to effect his ar-

rangenients. Before, however, he moved the adjournment, he desired to state that nothing could have been more frank, more generous and more unreserved than the manner in which' his Honor had committed the duty to him, in acoordance with the principles of ministerial responsibility. And he bad an express direction from his Honor to inform the Council, ihn.\ though he was not without some misgivings as to the applicability of the principle of ministerial responsibility to many of the circumstances which might arrive, yet he was determined to give the experiment a fair trial; not merely a tncit assent, but the advantage of his cordial co-operation and support. (Hear, hear.) He (Mr. B.) believed he had communicated all that it was necessary for him to do. He had now only to ask the house to adjourn. He at first intended to ask for such an adjournment as would furnish time for that appeal to the constituencies which those gentlemen would have to make who might take office. But considering the uncertainty of the result of the work in which he was engaged, he though he might be able on Friday to furnish the house with definite information in which it would be necessary to decide the steps next to be taken. He begged therefore, to move the adjournment of the house till Friday next at 11 o'clock. Dr. Donald seconded the motion. Mr. Sewell, before the motion was put, said he thought that some notice should be taken of their position. He thought his Honor would agree with him in the expression of the opinion thai the honourable gentlemen left their position with universal respect. He would venture to say that he was personally extremely sorry for the result. While the Council objected to some of their measures as being too cumbrous for the necessities of the province, and, therefore, rejected or postponed them, there was no admixture of want of confidence in the government. The Council felt that there was a tacit understanding existing that they would retain their office only to the end of the session, and that for the public convenience. It has happened that there has been a variance between the Council and the honourable gentlemen, but •here was no want of confidence on the part of the house. Other circumstances have occurred, and they have come to an untimely end, and he' thought a little too prematurely. The house, however, was extremely indebted to them. The Council would no doubt give the honourable gentleman (Mr. Brittan) all the support it could. There were many matters of business to he disposed of, irrespective of ministerial changes, and he thought there need not be a lengthened adjournment. There was evidence to be taken in reference to their pasturage regulations, similar in its character to that the house had already taken upon the surveys. He would suggest that the Council should proceed with the formal work, rather than submit to so great a loss of time. Mr. J. Bealey said in common courtesy the delay ought not tn be refused. Tt mi<rht reasonably be said if the house could go "into divers questions of finance, without ministers, ministerial responsibility would not be fairly tried. Mr. Bkittan could hardly make the concession. It would be an innovation upon the principle of responsibility. They were now about to test it in another form. Mr. Hamilton said that very great embarassment would be created by the necessity which was imposed upon them to go through all the formula of elections. He regretted the circumstance which had led to the resignation, and particularly that they were indisposed to continue, for a time at least, the business of the house. He was sorry to find that the actions of the Council had been misinterpreted. The honourable gentleman (Mr. Brittan) perhaps would consent to act as lhe organ of the Superintendent,—until the Waste Land Bill had been disposed of. He considered this of so much importance, that he would, on Friday, move a resolution "That the Land Regulations ought to be proceeded with during the thn^jke New Executive is forming." '**' Dr. Donald said his colleague was indicating a policy utterly at variance with ministerial responsibility. It was not for responsibility to this house that honourable members were required to vacate their seals, but it was a responsibility due to their constituents. After a few words from Mr. J. Bealey and Mr. Blakiston, the house adjourned. The following reply from His Honor, accepting the resignation of Mr. Hull and his col-

leagues, was received by that gentleman on Monday last: — Superintendent's office, May 7, 1855. My dear Sir, I beg to acknowledge the receipt of your letter of Saturday tendering your resignation of your offices in the Government. (, For, the reasons stated in the Executive Council on Saturday I have no option but to accept your resignation. In doing so I beg you will accept my sincerest thanks for your kind assistance and advice during the time you have held office. I beg to remain, my dear sir, Your very obedient servant, James Edwabd Fitz Gerald. John Hall, Esq.