TO THE ELECTORS OF THE PROVINCE OP CANTERBURY.

Lyttelton Times, Volume VII, Issue 482, 17 June 1857, Page 3

TO THE ELECTORS OF THE PROVINCE OP CANTERBURY.

f] ENTLEMEN,: -Mr. FitzGbeald \~JT having announced his intention of resigning the office of. Superintendent:of this Province, I have the honour to state, that I shall present myself to you as a Candidate for t when the period of Election shall .arrive. It may perhaps be thought presumptuous in me to take this step without having had the way prepared by the customary requisition. But tne fact that I should be! a_ candidate, in case Mr. IPitzGerald did not desire again to be elected, has been so long. and. so generally known, that it would have been affectation in me to have waited for one. I have thought it the. less necessary too, because the means by which signatures to such documents are now too often obtained have tended to invest them with almost as much of disrepute as credit. At all events they have deprived them of much of that value in public estimation which such testimonials once possessed. I fee] it to be my duty, Gentlemen, to state

at the outset of this address some of the considerations which have led me to offer'myself to your notice and to ask at your hands the highest civil appointment it is in your power to bestow. I have been a resident among you almost from the foundation of the settlement, and have ever taken a more or less active part in the public affairs of the province. It is now two years since I had the honour of obtaining a seat in the Provincial Council. Since then my time has been wholly engaged in the public service; and there is scarcely an office under the Provincial Government, if I except that of the Solicitor and that of the Provincial Engineer, the duties of which I have not for some period discharged. I mention 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 offices I have held and that to which I now aspire, but to show that I have had considerable experience in the administration of the affairs of the province, and thus, I hope, establish the presumption, that I possess some of the qualifications required for the discharge of the administrative duties which attach to the office of Superintendent. You will, Gentlemen, probably expect from those who may present themselves to your notice on this occasion some general exposition of the views they take of the nature of the office for which they are candidates, and the leading principles by which, should they succeed, their conduct of affairs wouFd be guided. To that task, therefore, I now address myself. Had this been the first election of a Superintendent, this task would have been one of very considerable difficulty. In no part is the Constitution Act more defective than where it defines the duties of the Superintendent. It *would almost appear as if the framers of that Act, unable to determine with anything like precision the status the Superintendent should occupy in the Government of the country and the functions he should discharge, had confined themselves to simply defining his legislative duties, leaving it to time and circumstances to develop the amount of executive power he should exercise. Gentlemen, that which the Constitution Act left so vague and unsettled, time and experience have to a great extent determined. The Superintendent is now recognised not merely as the legislative but also as the executive head of the province, endowed with very ample powers. Within his jurisdiction the Empowering Oflinance has, in some cases definitely, in others provisionally, invested him with a large proportion of the executive authority of the Governor himself} and the recent legislation of the General Assembly, while it appears to lean towards a restriction of his legislative, shows no disposition to interfere with, 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 Executive Government Ordinance has been passed by 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 do not consider it necessary in this, place to discuss at length the advantages or otherwise of this order of things. I simply lay before you the nature of the office as I find it, and the circumstances that have led to its present form . of development.

Nevertheless, I will not shrink from, avowing my opinion, that not only theoretically is the existing arrangement to be approved and defended, but that, in practice also, it supplies, under the present physical peculiarities of New Zealand, the scantiness of its population, and the difficulties of inter-communication, the best and most efficient means by which the affairs of the various provinces can be at present administered. 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 arid intelligent officer. That officer has the assistance of an 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 Council to the Provincial Council^ and' the Provincial Council in its turn to the people. Whilst then the Constitution Act remains unaltered, I am unable to imagine a system of Provincial Government Under it

combining iuore of simplicity. efficiency,: and e<-onomv. I say while the Constitution Act-is unaltered, for you are not unaware that ••'maliy persons ;ire of opinion that it can be amended. Tt would, lio\v3vev,be:an unprofitable occupation of-vou'r time and altogether' beside my' present purpose to consider on this occasion possible changes. My duty is to deal with facts.' 'If changes are introduced it can only■ be by an authority to which Superintendents in; common with alt'others affected by them must bow. ,

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 law 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 with the advice he may receive from his Executive.Council.:- ■ •

Gentlemen, I accept this view of the office as much from choice as necessity. JSTo. consideration could induce me to undertake it .if the responsibility of Government were not shared in this way. ■ •■ ' ■ :. -r -.: : ■'.-; ;'■

You "will.then, I have no doubt, concur with me iii thinking that--it-would- be inconsistent for a-candidate holding these views to express himself dogmatically on particular subjects, or labour fco produce what is 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. 1 have also shown'that he can only retain such ti Ivisers as the Provincial Council will support. It is obvious, nay certain, that those advisers may, at one time, bo. persons holding one set of opinions, and at another time persons- holding opinions directly opposite. Itis equally obvious that the Superintendent could not : agree with both.-; Should he unfortunately differ with these vv-ho have the confidence :;of :■• the 'Provincial Council, he must either attempt to carry- on the Government with an adverse Council or modify his views in deference-to theirs. ! I think the cases can be very few indeed an which doubt can ■exist as to which course should be;pursued. ; But-while, for. these treasons. I abstain from 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 our-. present law, I have no hesitation in expressing my opinions frankly on some subjects of general interest and importance, which I believe 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 persons who do not approve of the price that has been fixed on our Waste liands and who will make it the subject of appeal to you. : ■■■■' It must be unnecessary, Grentlemen, to insist on the'fact that nothing can be nidre objectionable amongst our own selves, or more calculated to disconrage persons: in other countries from settling here than uncertainty on this point. I could almost say that it would be wiser to adhere to an arrangement having some imperfections in it than by freqtient changes to create the impression that no settled law on this subject 'will ever prevail amongst us. But I venture to assert that the question has already received -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 almost eveiy imaginable mode of payment was proposed io the Council and discussed. I should probably be 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, tog, whether by' money clown or by instalments, was equally the subject.of difference of opinion and division in the Council. _O length, however, by almost universal concuiTc^co, the present price of £2 per acre (prompt payment) was determined on. That, price has not yei h -vn tried more than a twelvemonth, and even if tiers were no exper-s, ience in its favour, I shoul'T still, for the reasons I have given, be indispo^ Ito change. But I think the experience o| '.he brief time during which £2 has been the ..'srablished price may be .safely appealed jto in. it.-j support. The sales of laud,\vithout being in any way forced, have been free and continuous ever'^uu-e. Nor is there at present any indication of falling off. And should there be no falling off, Ihe estimated revenue from this source during the coming year is £10,000. But what appears to me to be the

most satisfactory fact connected \vitli those sales is this-—that the large .majority of them have been iinide to "persons of,.the working ■ classes .and- to boha fide settlers.and cultivators of the soil.- j-It may be fairly asked, how much of this land would; have found its way intoftheir, hands had;the i price- been i-materially lower?! It is matter;of notoriety that,- within two;or three daiys: of the:: present regulations coming into operation, some large capitalists arrivedihere for the- purpose of making extensive speculative purchases, even outside the original Canterbury block, and at a distance from the cultivated districts. , How, much land worth.having .would have- been left -inside; and especially iri the neighbourhood 'of your, towns, had the cheap land policy prevailed, I leave you to conjecture. • But there are also-extensive interests to be considered in this question of (price. . On the firm .belief, that ifc 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 extent —• that-the order of things under which that capital was invested and the stockowners induced to enter oii their separate enterprises'should not be liable to frequent change. But 1 am disposedj'to maintain that regard for our own interests, no less than good faith towards others, should prompt us to resist any alteration-in the price of laiid.; The produce of our pastoral districts now constitutes a most, important item in our commerce. Whilst agritulture,is at present languishins;. and its prospects are much clouded, the pastoral interest is happily flourishing as much as could i-easouably be desired. Alread3 r, .wool is our main export, theclip. of 1856 being valued at £70,000; and-in a few years it will acquire a magnitude that will abundantly justify all which legislation has done towards encouraging, its growth. !N^or is this all. While the pastoral interest is contributing to the progress of the country, as every interest does which materially increases its export trade, it is also yielding largely to our territorial revenue. Within a year or two the rents derivable from that source will he alone sufficient, not only;to pay the large contribution annually required from this province towards the extinguishment of the.New Zealand Company's debt, but will leave a considerable balance available for the use of the province. The present price of land, Gentlemen, constitutes the main, almost the only protection of the pastoral interest; and I ask you seriously to reflect whether it is expedient to withdraw it—whether it is wise to kill the goose for the golden egg/and interrupt this 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, and the possession of which might tempt us to extravagance. My own conviction is that it would not.

Another subject on which I desire to say a few more words is our form. of Government. There are some persons who regard the present mode of administering the affairs of the province as too cumbersome and too pretentious, and who talk of conducting the Government after the model of a corporate 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 of 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 preference shown for corporation rule, and, personally, I can feel but little attachment to a system which has produced such results. But in truth, there is no fair analogy between the circumstances of a municipal corporation in England and a province in New Zealand. To no corporation has there ever been committed anything like the power conferred' on the Superintendents and Provincial Councils of this country, namely, the power to legislate for the entire people of a province—or, in the words of the Constitution Act—" to make and ordain all such laws and ordinances as may be required for the peace, order, and good government of the province." This alone destroys all parallel in the cases.

It is said, however, that: even, iffthe analogyfails, it will be more economic to do away with the existing departments .and have the business of the Government conducted by the Provincial Council divided into committees. I 'must say that I disbelieve in this altogether. It assumes that these committees will do their work without remuneration. I; know not on what gentlemen can be expected to devote t their time to the public1 service without return.,' Nor do I think the jbublic desire that they should do. so. But there is no warrant for-believing that- any' persons could be found, who would so act. Certainly the practice of the-Provincial Council, at the present time does not justify the'expectation. Every member residing beyond a certain'distanee from Christchurch is paid a certain sum per diem for , every day he attends the Council. If, then, the members of committees are all to be paid their expenses 2nere3y, the system will not only be 'cumbrous and clumsy* but "more expensive than the present one., If they are not to be paid,; my belief is:that the attendance will be so irregular as to make the system obstructive of the business of Government. I yield, gentlemen, to no man in a desire to see introduced into all the departments :of Government a rigid economy. It must, however, be one consistent with efficienc}'. It is not economy else. _My conviction is, that the plan put -forward is as fatal both to efficiency and economy as ingenuity could devise.; . *'; :' l: '

There' -is one further subject to which I iyill allude, for though it does not come within our control and is not a question of domestic policy, ib 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. Every day-s experience sho\ys: how seriously "the administration' : of. bur ? affixirs is embarrassed by the great distance of this ■General Government from us. lam ' anxious therefore to state my desire, in .whatever position I may be placed, to co-operate "with those who will strive to bring it to a more, central ■spot.' '.■ '■ '■■>■•:■■ ■' ■ ■ - • : .■■'■•■■ ' : ■•■- ■'■■ ■'.■■

■ There are many other subjects, gentlemen; to which I might direcfc: your attention, but this address has already; I fear, exceeded convenient length. Opportunities, however, will doubtless be presented in which such subjects may be discussed between; us. •' It will be'my business, so far as' may" be practicable, towait upon you. With regard, however, to a canvas's, I must express my great regret that oneshould be necessary, not on the score of trouble, nor because it may expose a candidate to inconvehjent questioning, but because I entertain a 'strong conviction^ that the highestpffice^of the province should be conferred by the people rather; than won from them by the ordinary means of'an electioneering canvass. Motives more, or less impure will be attributed to the candidate, which cannot fail to disturb those feelings of dfeferehce and regard which should attach-to the person filling so high an office. By some he will be looked iiipon as^an^ adventurer practising on the, confidence of his fellow-citizens for some, unworthy object—by some as stimulated : by; inordinate vanity and ambition—and by others as impelled by aloye of" official power ; whilst it can hardly be possible in an active canvass to avoid rousing feelings .of animosity and hostility which it is most desirable should not exist.- I can only say for myself that it will be my anxious desire to keep the canvass as clear of these evils as possible. , > :■:

And now, gentlemen,, it only remains for me to assure you that, whatever the result of this appeal, I. shall be • perfectly' satisfied with,your decision. While I admit most freely' that ttie office [o£ Superintendent of. this' province may well be regarded as an object of laudable'ambi;tion,yet I feel so conscious of the labour, anxiety, and responsibility of the office,'as toregardlit with much more of apprehension than desire. ] I have, however, endeavoured to show that the Government will not rest solely on the Superintendent, but on him in conjunction with advisers. With tins view of the nature of tlie office, and with the hope that, should you confer it upon me, I shall not fail to secure the assistance of good and able advisers, I respectfully offer myself to you as a candidate for it. I have the honour to be, - ; Gentlemen, . : ■ Your very obedient and humble servant, JOSEPH BRITTANY Limvood, April 3, 1857. -