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 I principles by which, should they succeed, their I conduct of affairs would 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 I the duties of the Superintendent. It would almost appear as if the fraiaers 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 Ordinance 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 appeal's 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 tilings. 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 no.t .only theoretically is the existing arrangement to he approved and defended, but that, in practice also, it supplies, under the present physical peculiarities of New Zealand, the scantiness cf 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 and 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 more of simplicity, efficiency, and economy. I say while the Constitution Act is unaltered, for you are not unaware that 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 changes. My duty is to deal with facts. If changes ai*e introduced it can only be by an authority to which Superintendents in common with all 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 denned 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. No consideration could induce me to undertake it if the responsibility of Government 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 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. 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 opinions directly opposite. It is equally obvious that the Superintendent could not agree with both. Should he unfortunately differ with those
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https://paperspast.natlib.govt.nz/newspapers/LT18570722.2.3.3
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Lyttelton Times, Volume VIII, Issue 492, 22 July 1857, Page 2
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995Page 2 Advertisements Column 3 Lyttelton Times, Volume VIII, Issue 492, 22 July 1857, Page 2
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