The Invercargill Times. MONDAY, JANUARY 25, 1861.

Southland Times, Volume III, Issue 34, 25 January 1864, Page 2

The Invercargill Times. MONDAY, JANUARY 25, 1861.

In" it reeeut issue, we defined the position of a Superintendent elected undei* .the -New Provinces Ordinance, as regards responsibilit}'" ; and we showed that lie Wiis responsible to the Provincial Council alone, and to them, only in the expenditure of public monies voted by them. Our contemporary expresses himself pleased at this result, but, with great liberality, in quoting from that part of our .article in which we stated that His Honor could be prosecuted by an officer of the Council for misappropriating the public funds, and on conviction, punished, adds, '-or any other political offence." We have not yet made that discovery. Weeing that tlie Audit Act, under which the officer is empowered to prosecute His Honor, treats solePy of money matters and not politics, it is nob probable- that Aye should liave made the gross mistake of writing " ov any other political offence." So far from stating that the Superintendent ,is politically responsible to the Provinoial Council, Aye adhere to Avhat Aye stated' in our issue ofthe 13th inst. : — "No matter, however, to Avhoin the Superintendent of Southland may have been responsible in the lirst instance, lie parted Avith all his responsibility, aud put it on tlie shoulders of hia Executive, Avhen he assented to the Provincial Government Ordinance, 1862." Immediately the first Provincial Council met, the Superintendent entered into a compact with them, the conditions of Avhich were delined in the Provincial Grovernment Ordinance. They clothed him Avith those Executive powers lie previously -Avanted, directing at the same time how they Avere to be exercised. His Honor accepted the poAvers and conditions, and signed the agreement by Avliich he bound himself to act Avith the advice and consent of his Executive Council. Whatever notions he may have entertained Avitb regard to the duties and importance of the office of Superintendent, he accepted the view of the Council. Had His Honor stood up in his place in the Council and told the members, "If you elect me, you must understand that I am going to govern despotically ; if I am "to have an Executive at all, I Avill use them to fetch and carry between you and myself; I may condescend to keep ivp the farce of responsible Government by asking their advice occasionally, and by getting tftfem to do my dirty Avork in this House ; but further than that I will not go," the probability is that he Avould not have been elected. If — after making such a statement — lie had been elected, the Council could not have found fault Avith His Honor for carrying out his expressed intentions. Instead of this, the Superintendent binds himself to quite a different course. To break that agreement is as dishonorable as to break an agreement in private life. Setting aside the question of honesty, to govern Avith an Executive responsible to the Council -is an absolute necessity. The 17th clause of the Constitution Act provides that there shall be a Session of every Provincial Council once at least in oveiy year. The Superintendent has thus to meet them yearly. How is he to carry out the business of the Session? What is the medium of communication betAveen himself and them ? There are three Avays in AA-hich a Superintendent of Southland can communicate Avith his Council. By having a seat himself, and bringing forward and defending his oavii measures, or by Message to the Speaker, or by an Executive, chosen by His Honor, and responsible to the Council, standing or j falling as they may possess the eonfi- | dence " of the House. The present j Superintendent has precluded himself from adopting the first course by the resignation of his seat in the Council ; J the second is a most cumbersome method, occupying much time, and I likely to lead to very unsatisfactory results, because getting through one Ordinance might occupy a month. The third method — that of a re r i sponsible ExecutiA-e, appeared to! tlie Superintendent and the Provincial Council the * best — hence the Provincial Government Ordinance. The standing rules and orders of the House for conducting the routine business necessitate the presence of some one in the Council to take charge of a Bill, pass it through its various stages, and be, in fact, responsible for it to the Council. Who Avill do so, when perhaps the provisions contained in it are contrary to his ideas, and inserted by the Superintendent against his adAice and inclination. To father one's own offspring is quite enough without doing the paternal to another man's. Besides, were any mem- ] ber found willing to act in so dis- | interested a maimer, eat, his own con-A-ietions, be the mouthpiece of His Honor, and stand to be bullied for him, if the principle is accepted that the Superintendent can act in defiance of his Executive and against their will, what guarantee has the Council ? . With a responsible Executive whom they can turn out of office if they fail in the discharge of their duties, they can have some confidence that the time occupied by the Session Avill not be wasted — that the Pro A r incial Council is not a farce. With an irresponsible Dictator they cannot deal. Up to the present time the Council have transacted their business and voted supplies under the impression that the Provincial Gpycrnmeut Ordinance Avould be carried out in ils integrity, in other

i*vwp%t&q!myße*»t&'!ri>!iitfviisKt*>i''ni<Mi:'i.', taw ..'CTiCT-'-iTins'jTCra^Jga words, that- the agreement entered into between His Honor and tliem would not be- broken. Tlie mooting called for the 10th of next month will he a new era in their existence. If a man choose to act improperly, and that action ia detrimental to the interests of the Province, it is the duty of a journal to endeavor to set him right. ~We liave no notion of -flattering an individual at the expense of the -Pablic. "We deny that it would "be better to fix the responsibility on our '"natural chief," or to treat him as the '" sole governing power of the state." In the only matters of importance in which His Honor differed from his first Executive, and acted -contrary to .their advice, experience has shown that " our natural chief" was Avrong. Had the escort to the Lal-c a been started when first the Executive, wished it, tilings would have presented a very different aspect in 'invereargill at "the present moment. Every retail storekeeper in town, who grumbler at the slackness of business, •has to thank "our natural chief" for the obstinacy which determined that' an Escort should not -etar-fc -until he chose. r l-he opportunity lost then will, perhaps, never be regained. Trade and population have been diverted •from their natural channel by that fatal delay. We mourn the consequences, let us take care we do not place ourselves in a still worse position, by flattering. the vanity of an individual (too prone to receive it) into the belief that he would confer a favor ou the Province 'by grasping the -reins' of Government. His Honor's first Executive is to blame for this culminating point in his ambition. Mr Pearson went into -the Executive more independent than most -officials in the Province, and we anticipated that he would resist iiuy interfere-iiue with the rights --and privileges of the Executive Council, that he would in reality merit the confidence of the Council who supported the Government wifch which he was- connected. We were disappointed — he temporised, wheu'sueh a course was fatal : avo refer to tho Escort business. The battle for supremacy was fought and- avo u by His Honor, and the principle that the Superintendent could override the' majority of the Executive was established. Mr Pearson's resignation ailenvards Avas of small avail, and over since, little by little, His Honor has learnt to treat his Executive as the plaything of the hour. We cannot agree with the Southland JS'ews that ifc Avould be better to look upon the Superintendent " as a tangible reality, a concrete idea, than a Cabinet myth or hypothesis." There is enough of the reality iv all conscience, but unfortunately it is not tangible for any political misdemeanor. " Noli me taugere " oozes out of every pore of the Superintendental skin. Who is to " bell the eat?" The only safeguard Aye have is to insist that His Honor abide by the Provincial Government Ordinance. '• The King can do no wrong," is a fine axiom ; Charles the Eirst brought it prominently before his people, and they cut oft' his head in order to prevent the possibility of his making i a mistake. If His Honor determines to meet the Provincial Council Avithout an Executive, he may read his speech, but Aye question Avh ether it Avill have much effect. Jupiter may thunder, but it Avill be the tin thunder of a two-penny theatre. There seems to be no provision in the Constitution Act for the decapitation of obstreperous Superintendents, and the only remedy lelt to the Council is to petition the Governor to dissolve the Provincial Council. .By this means His Honor Avould be disposed of. Dr. Menzies, goA-crning constitutionally, — Avell and good; Dr. Menzies, as Dictator, — not by any means. ■