TO THE ELECTORS OF THE PROVINCE OF CANTERBURY.

Lyttelton Times, Volume VII, Issue 475, 23 May 1857, Page 3

TO THE ELECTORS OF THE PROVINCE OF CANTERBURY.

;;p,iftTLEMEN-^r4Mr. FnzGjERAm \3T having announced . his intention of 'resigning the; office of' Superintendent of this : ■ Province^ I ihave'< the honour to state, that I .Bhallrpi;esent myself*to yon as"a' Candidate for t: when the period' of' Election? shall arrive. ■ : -,:.!t may perhaps be■ thought pi'esnmptuoQs in me to stake;. this, istsp: without- ■ having had the ."way; vprepared by'l the ' customairy'i-eqiiisitiori. : But the fact that' I-! should-;:be a: candidate, iri fiase-Mf. FitzGerald :did not desire again to be elected, -has been s^ long and so generally knowin,: that ifc would' have been affectation; in meitq.havei waited for;one. :• I have thought it the less necessary too, because - the means by which signatures to such doc^^ments are now too often obtained have tended "to invest them with almost 3.s- much of disrepute as credit. ■At all events they have deprived them of much of that value in public estimation which such testirhonials. once possessed. I feel it to be my duty, Glentlenaen, to state

attheioufeet of thif address some pfii the consi delations'which'foave led *ne to 'offer myself t° your: notice'and- to ask at your hands thehighest civil anpointiaent it ia< in your power to bestow. I have been a resident among you almost from" the foundation of the' settlement, and .have ever takta a-more or less active, part in the public affairs of the province. It is now two years'since I haa the honour of obtaining a seat in<-the Provincial Council. _ Sinc&'then my time has been wholly engaged inlthe public service; and there is scarcely an■;office hinder the Provincial Government; if I exeept-that of the Solicitor andthat of the Provincial Engineer,the'dtrties of which I haveaot for some period discharged;-! niention this not to found any present claims on your! confidence, for I feel too -conscious how:great the distance is between the most important of the- offi&es L have held and that to which I how aspire,' but to show that I hstfehad considerable experience in the adminls - tration of {he affairs of the province; and thus, I "hope, establish . the . presumption, that I i possess some of the' qualifications required for the discharge of the administrative duties I* whicfcattadk'tothe office b£ Superintendent. : ¥oa willy Gentlemen;; probably expect from those *ho< may present themselves'to your no.tifte phr this occasion some general exposition of the'views they take of the nature of the office icfc«..wtech.they are candidates, and the leading ■ principles by:which;- should they^succeed, their cohducfc of affairs. wauld be , guided. To that $ask, therefore, Ibow address myself. . i ; Kad-this i'been the first-eledtion of a Superin- ; tendent, .this task .wbxdd-:have been one of vtery = considerable4iffieulty. ■ In no part is' the Constitution Actmore;defective*haniwhere it-defines : the' duties; oi i the Superintendenfi! It^would almost'-appear las if the framers of that Act, unable to defenhihe-with anything like precision the stdius the Superintendent should occopyin ■ the Government of "the country- and the'functidns ihe should-discharge, had confined tiiemselyes to isimply defining! his legislative duties, leaving it to; time; and' circumstances, to develop the amount of t executive power he should exercise. j ■'Gehtlemeri, that which the; Constitution Act left' sbsrague and unsettled,? time and experience Ihavetaa great extent defceimined..The Super•intendenti is now'recognised not .merely as the legislative but also as the.executive head of the province, . endowed- vnth) very ample : powers. iWithinvhis' .jurisdiction -tide- Empowering;Ordi- ; .-nance 'has; "in-some :cases definitely; in others provisionally, invested him with^a large proportion, of the executive aui&trpity' of the Governor himself j and the recent legislation of the Genei^l iAssembly.Wvhiifr it appears toleaii towards raa'asfeictionioi'l his'legislative, shows no disposition to interfere'witk'his executive functions. ' - The necessities which have.led to the investiture of the Superintendent with these important ■powers have also suggested the means by which he; should; !be guided in their exercise: Thus, in . this Province as in others, an Execntive:Govern;ment Ordinance: has been passed b\ T which the Superintendent is bound to have an Executive Council, by "whose: advice he. is to be guided in carrying, on/the Government of the province. I-: ;•■ ■ I do mot consider it necessarj' in this place -rto discuss a,tilength the advantages or othenvise ■of this order of things.. I simply lay before you the nature of the office as I findit, and the 'circutnstknees that have led to its present form ] of- development. ; : •■■■•:

I "'Nevertheless,'l will riot shririk'frora avowing my opinion,that) riot'''only theoretically is the existing fiiTaiigetnent-to' %c! approved and'de- ■ fended, but'that, iri practice also, it ' supplies, under-tlie-presentp'liysicarpeciiliarities of New ; Zealand, Hip scantiness of its population, and •the difficulties of inter-communication., the best •arid most efficient means by which the .affairs of the vaViou's: provinces can be at present' adm in - istered. In it too the great principle of ■.self government-is fully recognised. : The power you'possess, and which you'have periodically to 'exercise, of electing your Superintendent, ought to secure you the services of an-active, and intelligent officer." That officer has the assistance of sin Executive ; Council whose acts must be supported;'by, the approval of the Provincial Council. Throughout the whole arrangement the principle of responsibility is brought to bear. The Superintendent is responsible to the province; the Executive Conncil to the Provincial Council^'and the Provincial Council in irs tu;'n to the people. 'Whilst then the Constitution Act remains unaltered, I am unable to imagine a system of Provincial Government under it'

combining more of simplicity, efficiency, -„ and economy; I ..say while the Constitution ;Act is unaltered, for you are not unaware thai many persons are of opinion that it can be amended. It would, however.be an unprofitable occupation of your time and altogether beside .my present purpose to consider on this occasion possible chauges. My duty is to xleal; with, facts. If changes are introduced it can only be by ;tn authority to which Superintendents in common with all .others affected by them must bow., i I take it, then, that the Superintendent in his : Executive capacity is simply the head of the Government and not the Government itself, an officer charged with the execution of certain duties committed to him by Jaw and for. the most part defined by law, and that in all original and discretionary acts of importance he is bound to proceed; in conformity, withtlie advice he may receive from his Executive Council. ;

Gentlemen, I accept this view of the office as much from choice as necessity. No consideration could induce me to undertake it it* the responsibility of Gtovernment were not shared in this way. ■•■.:■ You will then, I have no doubt; concur with me in thinking that it would be inconsistent for a candidate holding these views to express himself dogmatically on particular subjects, or labour to produce what i 3 termed 'a policy' by which he should be considered bound during his tenure of office. I have shown that .the law compels the Superintendent to act under advice. I have also shown that he can only retain such advisers as the Provincial Council will support. It is obvious, nay certain, that those advisers may, at one time, be persons holding one set of opinions, and at another time:, persons holding ©pinions directly opposite. It is equally obvious tliat the Superintendent could not agree with both. Should: he unfortunately differ with those who have the confidence of the- Provincial Council, he'must either attempt to cawy on the Government with an adverse Council or modify his views in deference to theirs. I' think, the cases can be very few indeed in which doubt can exist as to which course should be pursued. Btit while, for these reasons, I: abstain froni placing before you a policy which shall imply a rigid adherance.to particular views on particular subjects, as being ; both indiscreet and at variance with the spirit of om\ present; law, I have 110 hesitation in expressing my opiniqns frankly on some subjects of general interest and importance, which I helieve are being at present discussed by you. • ' ; [ It is said, but with what amount of accuracy I am unable to state,.that there are some perr sons who do'not approve of the price that ha? been fixed on our Waste Lands and who will make it the subject of appeal to you. <.

It.must be unnecessary,' Gentlemen, to insist on the fact that nothing can be more abjectioria? Lie amongst our own selves, or more calculated to discourage persons ,in other countries from settling here than uncertainty on this point, I could almost say that it would be wiser, to ad-? liere to an arrangement having some iihpe.i'fec-J tions in it than by frequent changes to create the impression, that no settled law on. this sub-* ject will ever prevail amongst us, • But i venture to assert that the question has already re-, ceived as ample deliberation as under any circumstances it could receive. When the price of land was under deliberation in the legislature of this province, every reasonable sum, and. , (Umost every imaginable m,ode .of payment was, proposed to the Council and discussed: I should pi-obahly he .within the. mark were I to say that more than a dozen divisions took place on this point. Ten, twenty, thirty, forty,, fifty, and sixty shillings were all separately advocated and proposed, The mode of. payment, too, whether by money do\yn or by instalments, was equally the subject of difference of opinion and division in the Council. J>Jz length,, howeyer, by almost universal concurrence, the present price of £2 pei* acre (prompt payment) was determined on. That price has not yet been tried mpre than a twelvemonth, and even if. there Ivere no experience in its favour, I should stili, for the reasons I have given, be indisposed to change, But I fhink the experience of the brief time during which £2, has been the established price may be safely appealed to in its support, The sales of land,without being in any way forced, have bt>en free and continuous ever since. Nor is there at present any indication of falling off. And should there be no falling off, the estimated revenue from this source during the coming year is £10,000. But whf»t appears to me to be th G

moat satisfactory facjt,connected, with those sales is this—that the lftrge majority of them have been made.: to persons of the working^ classes And to bbnafidfe settlers and cultivators of the soil. It may be fairly asked, how much, of this land would have found its way into their hands had the price been; materially^ r Ipwerjft j It js matter of notoriety that, within two _or three dajrs of the present regulations poming into operation, some large capifelists amved here for the purpose of making efcten&Ve ispecsSlative eurchases, even outside the origin*! Canterbury lc(ck, and at a, distance;, from, the/oultiyated districts. How much land, worth, having wpuld have been left inside, and especially in the neighbourhood of you? towns, had the cheap land policy prevailed, I leave you, to conjecture. But there are also extensive" interestsjtp be considered in this'- question of price. -oir the firm belief that it was definitely settled a very large amount of capital has been embarked in pastoral pursuits ; and I think the faith of the legislature and the Government is pledged to its protection—that is,* protection to this: extentHthat the order of things under which that capital was invested and the stockowners; induced to enter on their separate enterprises should not be liable to frequent change.. But I am disposed to maintain that regard for our own interests* no less than: good; faith towards others, should prompt us to resist any alteration in; tlie price of land. The produce, of ourpastprardistricts now constitutes a most important item in oiu* commerce. Whilst agritulture is at present languishing, and its prospects are much clouded, the_ pastoral'_ interest is happilyilourishing ;is much as could reasonably be desh-ed. Already, wool is our main export, the clip ,op ,1856 being valued, at £70^000; and iri a jfeW years jt will acquire a magnitude that will%bunda'ntly justify all which legislation has done towards encouraging its growth! Nor is this1 all;.;: While the pastoral interest is contributing to the progress of the country* as every interest does whicji materially .increases its expert trade, it is also yielding, largely to our territorial -revenue. Within a year or two the reiifcs derivable frpii that source will be alone sufficient, tfofc only tp pay the:large contribution 0 annually required from this province towards the extinguishment of the Nevy Zealand Company's debt, hut wiljl lenve a considerable balance' available for the us^ of the: province. 'The, present price pfiand^ Gentlemen, constitutes almost ,the only protection of the pastoral interest; and I ask you seriously to reflect whether it is expef dient to withdraw it—whether it is wise to kill the goose for the golden egg, and interrupt fhis steady, and satisfactory progress for- the sake of a sudden influx of money into the Treasury^ which our resources in labour may not permit us profitably to expend, arid the possession of which might tempt vis to extravagance. My pwn.conyiction is that; it woiild not-, "- ' :' • i ' Another subject on which L/des.ire to say a few more words is our form , of. Governments There are some persons, who regard tlie present mode, of administering the affairs of |he province as too cumbersome aiad too pretentious, and who talk of conducting the Government after the^ model of a corporaiJe town in England, of which a Mayor, Aldermen, and Council are! the presiding geniuses. Never, having, been a member of one of those select societies, I am, perhaps unable to appreciate properly the advantages of such a mode of Government.'," It is, however, not long since that the jobbery, peculation, and corruption, which had grown out of the old corporate, system in England, led to a sweeping measure'of reform, by which the whole* o£ those model Governments, excepting that of London, were swept away: And now it appears that the days of the corporation of London itself are numbered.' Experience, therefore, does not appear to justify the proference shown for coi'ppration rule, and, personally, I can feel but little attachment to a system which has produced such results. But inti-nth, there is no fair analogy between the! circumstances of a municipal"corporation in England and a province in New Zealand. To no corporation lias there ever been committed anything like the power conferred on theSuperin? tendents and Provincial Councils of this country, namely, the poAver to legislate for, the entire people of a province—or, in the words of the <Jpnstitutio;n Act—','to make and ordain all such laws and ordinances as may be required for the peace, order, ami s^ood government.'of the province." This alone, destroys all parallel in the cases, ...'."." .-. ' ■.. ' '. : .'• \

It is said, however,; that ev*n if the analogy fails, it will be more epojioniic to do away; with tK^ Existing depaitm ents' and havis tlie business of the Government coridudtedby tlie Provincial Council divided'into cottimitteesi" I must say that I disbelieve in this.flJtogethe):. H assumes that theke committees fyffl- dp their w,ork without remuneration. I know not on .what ground* gentlemen, can be expected tio devote their tim* to the public service without return/ Nor do I think thfe -public desire that they should do so. But there is no warrant for believing that any persons cquld befpund who "would ;so, act. j Certainly the. practice of the provincial-' Council at the "present time dotes not justify the expectation. Every member residing beyond a certain distance from Christen urch is paid a certajn sum Jer diem for, every dajr attends the Council, f, then', the inembei's .of committees are all to be paid their expenses mei^lyi the systenii will not only be cumbrous and clumsy, but mor« expensive than the , present one. If they are not to be,paid, my belief is that the attendance ■ will Jb'd" ■to iiTegular as to make the system x>bstructive Pf-the business of Government." I yield, gentlemen, to no man in a desire to se» introduced into all the departments of GovernmentI:*' rigid economy. ;It must, however, be one consistent with-eificiency. It is hot economy else.; My conviction is, that the plan put for-wardis-as fatal both to efficiency and economy ,as ingenuity could devise. ' There is one further subject to which I will allude, for though it does not come within our control and is not, a question of domestic policy, it is one, nevertheless, on which the efficient Government of' the province is so dependent as in my opinion to demand notice in this place. I refer to' the seat of the General, Government, c:' Every day's experience shows how seriously the administration-- of our affairs is embarrassed by v the great distance-of this Geueral Government from us. I am. anxious therefore jto: ; jdepire, in 'whatever position I may be placed, ,ta co-operate with those \vhp \yill.strive to bring it to_a more central spot. ■. r There are many other subjects, gentlemen^ t» which I; might-direct your attention, but this address hag already, I tear, exceeded convenient length. Opportunities, however, will doubtless be presented in which such subjects may be dis* CHsstjd, between us. Tt will be my business, so far as may be practicable, to wait upon you.

With regard,, however, to a canvass,! must ; express* my great regret that oW should *b» necessary, not on the score of trouble, nor bea candidate toJiteonvenient questioning, but because I'entertain a strong conviction" that the highest office ofjhe province should, be conferred by the people rather than woh from them by the ordinary means of ai^ electioneering canvass.-"Motives nibre.'o'r less impure, will b,e, atjifbuted to the candidate,, winch cannot fail to disturb those fee,Hng%of deference and regard which should attach:to the person filling soJiigh an office By some he will be looted upon as^aij. adventurer practising on the confidence of his feUow-citizens for some unworthy objejpt-—lay someas stimulated by inordinate vanity and ambition—and by others as impelled by. aloye of official power ; whilst it can hardly b& possible: in, an active canvass to avoid rousing. Feelings of animosity and hostility which it is, ' most desirable should riot exist. .1 can only say for myself1 that it will be my ansrious desire to keep the canvass as clear of these evils as possible! ['\. \ '.' .-.•■■ : „ ■ .., , ■ ; - And noAv, gentleii^ep, it pr^ly rema!ns ; for me, to assure you that,'vfhatever. the result of this appeal, I shall be perfectly satisfied with .your 'decision. While I r admit mctat freely that ■. -the office (of Superintendent of this' province may well be regarded as an object of v lau.dable ambition,yet I fed so conscious of the labour, anxiety, and responsibility of the office, as to regard it with much n^ore of apprehension than desire. I have, however,' endeavoured to show that the Government wilL not rest splely' on';the Siipernitendent, but on him in conjunction with advisers. With, this view of the nature of; the office, and with the'hope that, should you confer it upon me, 1, shall not /ail to .secure .the assistance of good and able adviser^, I respectfully offer my-. self to, you as a candidate for it. ■,'< ; I have the honouv; to be, Gentlemen,. Your very obedient and humble servant, ■ . . JOSEPH BRITTAK, Liriwood, April 3, 1857.