THE SOUTHERN CROSS. Friday, February 13,1857.

Daily Southern Cross, Volume XIV, Issue 1005, 13 February 1857, Page 3

THE SOUTHERN CROSS. Friday, February 13, 1857.

LUCEO NON URO. "If I have been extinguished, yet there rise A thousand hrncons from the spark 1 bore " THE CRISIS. In the present state of public affairs, so likely to be followed by an appeal to the constituency, ■which alone, unless we be much deceived, can settle the difficulty, we restrict ourselves to as few observations as can well be made, consistently with duty to our readers. We have no desire, by stirring paragraphs, to excite the public mind, or, by aggravating expressions, to provoke those who differ from us into retort. Nor are we even under any temptation to do so, for the country is declaring itself so strongly against the conduct of the Superintendent that we are quite willing to let well alone In the Provincial Council, on Tuesday last, it became apparent that the Speaker could not sign 'the minutes of the preceding sitting. For, the Council having then been counted out, it became the duty of the clerk to enter upon the minutes the names of those members who had remained present. Among the names are those of Messrs. Daldy and David Graham ; and as although the Speaker has throughout declined to decide the question, of his own auth rity, between those two members, still he cannot help knowing that both are not members, and has consequently no choice but to reject whatever is brought under his notice with those two names attached. Immediately after the reading of the minutes, the member for the Bay (it having been arranged before-hand that the Executive should acquiesce,) moved that "The Council do now adjourn." The Provincial Law Officer suggested, "until that day week," with which addition the motion was put and carried. It was understood that the intermediate time would be devoted to an endeavour to effect a compromise, "without sacrifice of principe, on either side." Now, to compromise without sacrifice of principle, appears to us impossible. The Executive, after the positive stand they have taken, in refusing to countersign the division list while Mr. Graham's name stood on it, have altogether debarred themselves from giving way on that point. On the other hand — we can state this to a certainty — those who have brought Mr. Giaham 00 far forward will never desert him. They insist, as an ultimatum, upon the new writ being treated as a piece of waste paper. We have heard it proposed that Messrs. Graham and Daldy should both resign, and that one new writ should then be issued. This looks plausible at first, fur the Superintendent would then most e< rtainly receive the right resignation, whichever that might be. But the principle would still be brought in question, on the face of the new writ The late writ was in the followißg form : — "Whereas a writ * * hath been directed to me, Thomas Beckharu Esq. * * requiring and commanding me to cause to be elected * * one person &c. * * in the place of Daniel Pollen, Esq., resigned." Supposing a new writ to be now issued, Messrs. Graham and Daldy having both resigned, the Superintendent would require upon the writ, "in the place of WC. Daldy, Esq., resigned j" those who contend for the privileges of Council would require, "in the place of David Graham, Esq., resigned." Another proposal we have heard made is this, —that Messrs. Merriman and Graham (the former being a member for the Suburbs) should both resign, and then contest the one vacant seat. There is no doubt that Mr. Graham would win easily ; but, if the Superintendent received Mr. Graham's resignation, he would admit Mr. Graham's membership, and himself in the wrong. The entanglement is irremediable ; one every side, either a legal difficulty, or a difficulty of principle, starts up. Add to this, that it is not a question of party, or of majorities, in the Council ; any single member, by calling for a division, has it in his own' individual power to paralyze the Council. As yet, the motions for divisions have been made on thequestion of adjournment ; purposely,

because on that question speaking is precluded by the standing orders. We hope that if any more such motions become necessary, they will continue to be made on that question only; for if once a debate be permitted, before the settle- \ ment of the difficult)', by dissolution or otherwise, there is only too much fear that the angry feelings which have been so long pent up would burst forth, with a violence that would do no credit to the Council. j We believe that there is no division of opinion among those who support the privilege of Council. They have given a judicial decision, and are prepared to abide by it They take their stand upon a principle, from which they will not swerve one hair's breadth. That is the true ground, and the only ground they permit themselves to take. But, were they capable of being biassed by other motives, every consideration of policy would lead them to the same conclusion*. They have everything to lose by compromise nothing to gain. Mr. Graham's seat is secure ; there is no power whatever that can dispossess him. The difficulty of the additional member is not for them, but for the Government to solve. They are not. stopping the public business ; it is the Executive teller, who refuses to sign &he division lists. The very pressure from without has become too strong for compromise. , It is becoming day-by day more evident, either" that one side must give way, or that a dissolution must ensue. And the side that gives way is lost for aye in public estimation. We have known this Province, and studied it ; we have seen throughout that the best character to have in tins Province is a character for determination and consistency. Being personally liked or disliked weighs little in comparison. In difficult times, or upon occasions of emergency, men fall back upon those on whom they feol they can implicitly depend. The Provincial Government took too high a stand at first, and have so irretrievably committed themselves, that they bave almost put it out of their own power to give way. But they fall back upon the argumenlum ad limorem : they raise a cry that the country will suffer through stoppage of works, and the general business of the Province, should a fresh election take place. We have a suggestion to offer (speaking for ourselves alone) by which this supposed difficulty inigirt be easily obviated. We propose that in the first place, the Executive should join the op posite party in carrying a resolution, that the Council ought to be dissolved. That after coming to a very distinct understanding on that point, moderate estimates should be passed, by mutual agreement, — for no division can again take place, unless the binary members should agree to leave the Council Chamber for the while. We admit, indeed, that such estimates would not be legal, and that the Governor could not give his assent to the Appropriation Act ; but they would be sufficient warrant, under the" present unprecedented difficulty, for the Superintendent tto expend the money. In point of fact, the present expenditure, excepting for certain public works, is illegal, the last Appropriation Bill having expired on the 31st of December, 1856 ; but no one in his senses would say that the Superintendent did wrong in meeting the necessary expenses of GovernWnt. It would merely come to carrying on as at present a little longer, with the advantage of the Council having sanctioned the items of expenditure. We propose that the Council, immediately upon the passing of the estimates, should be prorogued, and a dissolution prepared for. But not the dissolution immediately : for our own part, we should be gbid to see it postponed until the new electoral roll, for 1857, should have been prepared. For although to purge it thoroughly would require legislative enactment, much might be done by private exertion, nvre especially if both parties would combine in the appointment of a joint committee to see to the striking off of bad votes. July next would be quite early enough for a fresh election We request that these remarks may be received in the spirit in which they are written.

We perceive that some stress is being laid, in reference to the proposed rescinding of the late resolution of the late judicial decision of the Council, upon the case of VVilkes and Luttrell, in the House of Commons. We can hardly understand the case being brought forward as a parallel by any moderately well informed man, unless, indeed, for the purpose of mystification. There is a distinction between the powers of the House of Commons and those of the Provincial Council, or the House of Representatives, which must never be lost sight of : — namely, that the powers of the House of Commons are elemental — original ; while those of the Council and of the Representatives are derivative. The House of Commons, for instance, has power over its own standing orders ; but standing orders are place.l, by law, beyond the power of the Council or of the Representatives. They are, in fact, so many absolute laws, which have become law by virtue of an agreement in the one instance with the Superintendent; in the other, with the Governor. The case of David Graham, in the Provincial Council, differs essentially from that of Wilkes and Luttrell in this, — that the decision of the Council was in a matter committed to them through the operation of an Act of Parliament. They had performed the duty they had been required to perform, and could no more rescind their own judicial decision, once arrived at, than a Resident Magistrate, having given a formal judgment on one day, could rescind it on the following day. While upon the subject of parallels, we will adduce what approaches very much nearer to a parallel, in reference to the late issue of the new writ by the Superintendent. By Act of Parliament, the Speaker of the House of Commons is authorised and required to issue a new writ (during any recess of the said House) for electing a member of the House of Commons, in the room of any member of the said House, who shall die or become a Peer of Great Britain. Provided always : that it does not enable the Speaker to issue his warrant for the purpose aforesaid in respect to any seat in the House of Commons, which shall have been vacated by any member of that House, against whose election or return to serve in Parliament a petition wasatthe time pending — Vide "Rogers' Law and Practice of Elections and Election Committees."