THE Otago Daily Times. "Inveniam viam aut faciam." MONDAY, DECEMBER 30, 1861.

Otago Daily Times, Issue 40, 31 December 1861, Page 4

THE Otago Daily Times. "Inveniam viam aut faciam." MONDAY, DECEMBER 30, 1861.

The Witness has spoken out in reply to an article that appeared in this journal last week. We are glad to find that our remarks have at least served one purpose, that of inducing our contemporay to treat on local politics, without importing into the discussion offensive personalities. ' Our contemporary rambles over so much ground, that it is impossible within ordinary limits to properly reply to his assertions. The gist of- his argument is that " with an elective head it is not possible to have a responsible or Parliamentary Government." Thus, he conceives l that the Superintendent, being elected'by the body of the people, owes a superior duty to those who elected him, than to the Council elected at the same time and by the same people. Our contemporary in thus laying down a clear proposition affords the opportunity of its distinct refutation. Let us trace the effects of his theory. He would, in effect, make an elected head of a Government an irresponsible ruler, except in so far as his conscience or his

sense of expediency might make him defer to the wishes of those who elected him. It is idle to say that he is first to consider the Electors and then the Council; a man cannot serve two masters, and deference to what the Witness considers the subordinate body in the state would simply mean the incidental tallying of their opinions on certain points. In fact the Council and the Executive would become in some sort a farce; they are to be regarded as conveniences to be used when the Super-intendent deems fit, but when he chooses to disregard them he is to appeal to the pledges he gave to the people who elected him. Our contemporary clearlydoesnot understand the difference between a delegate and a representative. A representative represents not only those who elected him, but those who voted against him. This must either be conceded, or else it must be allowed that the electors who voted for an unsuccessful candidate arc to be disfranchised while the successful candidate holds office. Following on the latter proprosition we must conceive a most disastrous state of affairs. The minority may be within one of half the entire community, and we are to suppose it smarting for years under political extinction. Our contemporary cannot get out of this; if a Superintendent is to act on the principle that he owes superior deference to those who elected him than to the Council, he sets up one section of the community against the entire body, and virtually disfranchises a portion.

But our contemporarj' says —-how is a Superintendent to get over his pledges, and how is he to be elected if he won't make pledges? Our answer to this is that he should make no pledges which can interfere with the paramount duties of his 6ffice. His first qualification should be to show that he understands these duties, and the nature of the position he aspires to hold. He should say to those who elect him, — *' remember, you are not electing me to the Council to advocate this or that question, my position is to maintain the balance of power. In the election of your representatives to the Council, you will have the opportunity of declaring your views on specific! subjects, with me you have to regard general fitness. If Igoin as a partizan of this side or the other, I can only be the elected Superintendent of a portion of the community, and cannot hold the scales between the several parties of the Council." But, says a noisy elector, you always declared yourself in favor of this or that particular point of provincial policy, are you going to desert your colors ? Then says the condidate, "my good man, my private convictions are apart from the duties I have to perform.' Legislative functions pertain to the Council, not to the Superintendent ; his duty is to give effect to the decisions of the Council. To pledge myself to veto a decision of the Council, will be to tell you that 1 go in prepared to oppose the legislative body elected by the people. My private convictions concern .'myself only. If I am asked to give effect to measures which are opposed to my own views, the consideration will rest with me whether I will defer to the Council elected by the people or resign my trust —since I could not with conscience continue to exercise it—into the hands of those from whom I derived it." See how this great impossibility which frightens our contemporary melts away. But he cannot see it; for attempt it as he may he cannot get over old prejudices, he cannot understand that the qualification for a Superintendent should he personal fitness, not political partizanship. iie would have a Superintendent go into office prepared to fight the Council, not act with it.

Our contemporary seeks to fortify his case with historical parallels, but we confess we do not see their force. He instances William the Third, Queen Anne, and the Georges, as Sovereigns more or less reigning bjr election, and contends that they could not exercise responsible government. But he'forgets theirs was the difficulty.of weakness. They neither understood, nor were they able to introduce a system of thorough responsible government. On many occasions their strength was that of desperation,- but what our contemporary contends for in electoral heads of government, is j greater not less power, than in those who rule by right. He would make an elected head an arbitrary and irresponsible authority, his only check to be the desire of re-election. To guage the effects of the latter condition, he has only to remember Louis Napoleon — a ruler with absolute authority can easily take steps to secure re-election.

Our contemporary is equally unhappy in another reference, t^at to the United States. Quite true, the Presidents there are elected on the strength of the irpolitical opinions ; but let him remember what has been the effect of the system. President Lincoln, the embodiment of the political tenets of one section of the community, was elected in defiance of the other; that other, in desperation at its exclusion from Presidential representation, flew to arms. So will it come to pass with Provincial Institutions. Let the election hang on a question about which public opinion* is -much excited and evenly divided, and the beaten party, rinding a superintendent prepared to deprive, them of the legitimate influence they should holi through their legislative representatives will not be nice in expressing theiri disapproval. ' One other remark, and we have finished with "our contemporary. W,e are by no means "indifferent to the men in office," but we look for a higher qualification than that of being the followers of Mr. This, or Mr. That. ■- ■■