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Lyttelton Times, Volume VI, Issue 407, 27 September 1856, Page 5

To the Editor of the " Lyttelton Times:'

Sir, —It is perhaps difficult to overrate the importance of the subject on the consideration of which you have entered in your leading article of the 13th inst., about, the mode of appointing or electing Superintendents of provinces. I agree in the hope you express, that although this is a tempting topic for gentlemen in want of political capital, it will, nevertheless, be discussed in a fair and temperate spirit, and be decided by an appeal to the reason arid judgment, not the passions and prejudices of the people. With this view I desire to pointout to yon one or two objections suggested to me by the first consideration of the changes which you advocate. You apprehend that the election of Superintendents by the people, will ere long degenerate into a party affair, and that the people's choice will fall not on the most able, the most experienced, or the most trustworthy, but on the propounder of a popular cry, who will be elected by party interests. I cannot altogether deny the danger of such a result. But, granting its existence, in what way would matters be improved by the alteration you propose f Supposing the Superintendent appointed " from above, 51 what guarantee is there that intrinsic fitness for the office, and not party considerations, would determine the selection ? Do you propose that the selection shall be made by the Governor, on hhr own responsibility, and not by the advice of his ministers? This would be opposed to constitutional principles-and usage ; moreover, the Governor himself knows comparatively nothing of the character and qualifications of the leading men in provinces at a distance from the seat of Government. In accordance with the principles upon which our Government is now established, the exercise of this important trust would, doubtless, devolve on his Excellency's responsibleadvisers. These gentlemen depend for their existence as a ministry upon the supportfof a Parliamentary majority, and it is perfectly well understood that men in such a position are apt to look upon their political power and patronage* as a fair means of obtaining and securing political support.^ Is there any reasonable ground for supposing that a New Zealand ministry would take a different view of this subject? No one who knows any thingof the head of tliepresentGovernment, will doubt that he would be ready to make the power of appointing Superintendents of the greatest political service to himself—that,"in the event of the resignation or death of any existing Superintendent, one of the chief considerations in the appointment of his successor would be tbeamount of political support wh'di he could and would furnish to the Geneial Government. This would probably be the c; se,. more or less, under-any ministry, "i i>uv proposal, therefore, by noinsans obviates the danger of'the selection of the Superintendent being made a party question, and being determined, not. by real personal fitness, but by mere party considerations and party in-

fluences. Nor can I see that it provides in any way for the responsibility of the Provincial. Executive to the people which it governs, and for the consequent co-operation ot the' Legislative and Executive branches of the:

Government. (I do not lot get the Council's powers of stopping the supplies, but this does not provide for anything' like permanent harmony, and co-operation). At present, the election of the Superintendent and his liability to removal, make him responsible to the electors in his province, and he cannot, for any length of time, carry on the government in opposition to their wishes. " If any -serious or permanent difference arises between the Superintendent and his Council, the people at a fresh election decide between them. Nominated by the Governor, however, the Superintendent would be responsible «o the General Government a!on e . and not to the people whom be gover net i. If the Executive Authority, therefore, continued to be really exercised by him, the people would have little or no control over the Provincial Government under which they lived. This is a consummation for which I apprehend few of us are prepared, or would for any length of time submit to. Practically making the Superintendent the representative of the Crown, and not the representative of the people, would lead to the Crown's power being exercised here as elsewhere, by responsible advisers; in other words, to a system of government by Ministerial Responsibility. This would destroy the check you ask for against the tyranny of the majority, against the sudden and sometimes dangerous impulse of a pure democracy ? At present, the Superintendent, who has intrusted to him functions corresponding in some measure to those of an Upper House, and derives his power and authority from a source independent of the Provincial Councih can exercise in an efficient and independent manner his right of reviewing and even vetoing its ordinances —he is a

constitutional check-against hasty or corrupt legislation.

\ If.however.the Superintendenial authority were exercised byr;responsible ministers, i.e. by the representatives of a majority in the Provincial Council, the Executive Government would be unable to resist any delusive cry which obtained, even temporarily, such a hold on the public mind as to receive the support of a majority of the members of the Council. If the Government refused to comply with the dictates of this majority, it would at once be replaced by men ready to yield to the popular impulse.

Either, therefore, the plan you suggest deprives the people in the provinces of their legitimate influence over the Executive Government of the province, or it is destitute of anything like an efficient check upon the tyranny of a provincial majority, or the sudden outbreak of a popular caprice to which a community such as ours is undoubtedly liable. I do not ignore the evils which may result from the system at present in operation, but the above appear to me serious objections to t:.e remedy which you Lave suggested. I remain your obedient Servant, N. M. 22nd Sept., 1856. P. S. Although you refer to English usace in support of your \i_ws, I look in vain to English institutions for. sny parallel »o the system you advocate. I find.it in France, ai.-d. to call -tiling by their' right .names, I would so^e^t x\:v.'- the nominated Superintendents should be yclept ' Prolets,' and the provinces ' Departments."