Provincial Council.

Lyttelton Times, Volume V, Issue 282, 14 July 1855, Page 3

Provincial Council.

Thursday, July sth. (Continued from our last.) Mr. Hamilton would move two amendments to Mr. Packer's resolution : to substitute " at least three " for " not more than three.-";' and to omit "two of whom shall be-heads of departments." He would not, just at the end of a session, cuter vaguely upon a question involving fundamental change in the machinery of Government, any such change required to be based upon a most carefully and considerately prepared series of-resolutions. The ordinances upon which alone the -Superintendent's Executive powers rested had been originated by His Honor, and brougUt in by Jiis (Mr. H's.) former colleagues and himself after the fullest discussion and consultation. Most of the'early ordinances the hon. member (Mr.-Sewell) had in part suggested v He prepared the first drafts of many of them, and had brought to the assistance of the Superintendent and the first Executive Council, in devising a form of Government for the Province, all his talents and ability, as well as much labour. Mr. Sewell's* serviceshe'(Mr. H.) thought had never yet been fully and fairly made known. He (Mr. H.) would not consent to be a party now to any change which had not first ..received the Superintendent's full sanction and concurrence. If change was desired the Council were entitled to learn His Honor's views. Responsible Government as worked at Wellington was far too costly for our present resources. For it to answer here we must pay for it largely. If the system we had introduced here had not answered perfectly, it was simply because the way to work it had not been understood. We wanted stability and permanency in our government, we could point only to inconsistency and change. The first mistake was made when he arid his colleagues' abandoned their position against the desire of the Council. The second when the Superintendent brought on a resignation of the late Executive undesired by this Council. We might frame the best of law's, and establish most perfect institutions, but they would be utterly valueless if we had not to administer thetn men of practical sense, possessing the tact and ability to smooth away diffijuhies. The fact simply was that here every political question resolved itself into a personal question, as yet no real party questions had grown up, on which pany government could rest. For his own part, he still adhered to the plan proposed in His Honor's opening address of the" first session. He desired to see the working offices of government permanently filled. He thought, that 3 members of this Council should represent the Executive government in itdurin"- the session ; at other times they might meet to advise with the Superintendent on important Subjects, leaving him with the Secretary's chief clerk to Ciirry on the administrative business of Government. He would compensate these three members for their services and expenses; at present at a low rate, say £100 per annum each ; and would not object to divide the Provincial Secretary's £300 a year among them.. Much had been said about the privileges and prerogative, and responsibility of the Superintendent under the Constitution Act; but that act gave him no prerogative or Executive authority beyond that of initiating money votes and warranting the issue of money. The ordinances ofthe Province alone conferred upon him his remaining Executive powers. He (Mr. H.) did uot wish to see any American system introduced here, or to have the Superintendent working in the Council through committees. It would not be found cousonantwith English habits and feelings, nor did he desire to have any approach to an elective dictatorship of four years duration in the person of any Superintendent. If a'direct responsibility were to be imposed on the Superintendent,we should incur the evil of frequent elections of that officer, an evil Car greater than the tempo . rary inconvenience of a change in his advisers. still adhered to our early form of government.- It answered this end, that it admitted the active political men of the Province to a participation in the administration of our affairs in a recognised mode, and under a proper sense of responsibility. For it was certain that the active and leading men of the Province would find their way into this Council, and would, as they had a right to, make their influence distinctly felt, in some way or other; but it ought to be openly and abuve board, not by indirect pressure. As mi scheme had yet been laid before the Council in substitution of the present

Executive Government laws, he should give bis vote against any change. We could not have a true Responsible government of theory, and in practice we must content ourselves with a divided responsibility, such as is now provided for by the laws, which had carried us along so. far. The house then divided upon Mr. Hamilton's amendment. The division was equal, 6 for and 6 against, the Speaker giving his casting-vote for the amendment. Mr. Hamilton moved the second resolution. Mr. Hah, had expected to hear the persons who denounced tlie present form of Government propose some other system better adapted in their opinion to the circumstances of the Province ; they ought to have done so. Nothing of the sort had however appeared—the only approach to it was a hint that the members of the Executive Council should receive salaries. That plan was not actually before them, and he would therefore offer no opinion upon it. He (Mr. H.) admitted that the attempt to carry out a system of ministerial responsibility under our circumstances was open ''to grave objections, both in theory and practice. He even thought those objections had that night been understated. The division of power and of responsibility worked very badly—credit as well as blame also fell on wrong shoulders—still as the objectors to the present system had brought forward no plan of their own, there was no alternative but to continue the existing arrangement. The resolutions before them suggested the introduction into the Provincial Council of another paid and responsible head of department, besides the Provincial Secretary. This would entail a large increase of expence, which they would hardly be justified in incurring. The resolution determining that the members] of the Executive were not expected to resign until called upon by. a vote of want o r confidence, would he hoped, be adopted ; he thought the proposer of the resolution hardly foresaw the extent to which it would render the members of the Executive Council mere representatives of the opinions of the Superintendent. Almost anything, however, was better than the present system of constant change. The hon. gentleman repeated that he voted for Mr. Packer's resolution, not because he liked the present system, but because he was unwilling to discard it before he kuew what was to be the substitute. Mr. Fooks said there was no limit to the power of the Government in the Council under the Executive Government bill. It was true it provided that only so many members of the Executive should hold seats in the house, but there were many officials besides who might do so. and by this contrivance, 6 or 8 more members of the Council might be supporters ofthe Government. Mr. Hamilton said as a general 'rule the Superintendent would choose bis Government from members of the Council. One of those members was-already to be Provincial Secretary, the other gentlemen mi«ht receive a salary of £100 a year, with the understanding that their services were required chiefly during the session of the Council. They 'would have but little demand upon their time at any other period of the year. He would not detain the house longer at that late hour of the ni»ht. The amendment was then put and carried, the numbers on division being 6 for and 6 against it. On the motion of "Mr. Fooks, seconded by Mr. Sewki.l, the resolution he had given notice of, and which appeared in our last, was agreed to without discussion. Mr. Packer then rose to move that the resolutions be transmitted in the usual way to His Honor. The hon. gentleman went fully s into tne various arguments adduced. Mr. Sewbi.l said the hon. gentleman had misapprehended the intentions of the Council if he supposed the resolutions to negative the views'he seemed to entertain. Tlie Council said it was not desirable to tie its hands by giving permanence to the principle that all time hereafter two at least ofthe members ofthe Executive should be as a matter of course heads of" departments. His Honor had the power in his control, and with the manner in which he thought proper to discharge that authority, there was no intention to interfere. The house shortly afterwards- adjourned at half past 5 o'clock. ' Tuesday, July 10. Present—Tlie Speaker, Messrs. BrUtan, Packer, Fooks, J. and S. Bealey, Westenra, Sewoll,

Simeon,(Dumpier, Thomson, Ollivier, Blakiston, j Ward, Rhodes, Hall, and Bray. Mr. Fooks brought up the report of the Sum- : ncr Road Bill. - ; On the motion of Mr. Brittan the bill was ': read a third time and passed, as also was j the Waste Lands Regulations. An address was j' also agreed to, praying His Honor to transmit i' the regulations to His Excellency the officer ad- j ministering the Government, with a request : that he would recommend the same for His Ex- ■. cellency's approval. \ A message was then read from His Honor on \ the subject of the roading of the Province, occasioned by the resolutions of the council. His ; Honor objected to the appointment of a com- ; -mission for this purpose, on the ground of expense ; and at the same time doubted his ability ■ to do so, except under the authority of a special ordinance. He suggested that the resolu- \ f lions should be referred to the Waste Lands' Board, which would be created by the adoption of the regulations. His Honor was then announced accompanied by the Members of his Executive Council. Having given his assent in the name ofthe Government to certain ordinances, he proceeded to deliver bis address on the closing of the session. Subsequently, Mr. Sewell executed the transfer of the property of the Association to the >• Province. ' The council was prorogued to the 18th day of September next.