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Lyttelton Times, Volume II, Issue 101, 11 December 1852, Page 9

To the Editor of the Lyttelton Times,

Sib, —I am informed that some misunderstanding exists as to the opinion I advanced that the Superintendant ought to become a member of the General Assembly, as though it arose from a desire to acquire undue influence by filling two offices in themselves incongruous. As the question is one involving an adequate comprehension of the Constitution under which we are to live, I venture to hope you will allow me to explain my views through the medium of your columns.

I can conceive no object of so great importance to the welfare of New Zealand at. the present juncture, as that the Legislative bodies which are about to come into existence should commence their labours with harmonious action. If the and Provincial Legislatures should bfcliw| precipitated into a conflict, our time and #wgy•» will be frittered away in a fruitless*£6nd mischievous struggle, instead of being.'devoted to practical legislation. Nothing will more surely retard the work of real reform. Nor is this danger imaginary; only last year we witnessed the ludicrous result of Legislation being carried on by the Home and Colonial Legislatures at the same time, on the same subject, and in contrary directions ; and it would appear unavoidable that the same difficulties may arise between the Legislatures sitting; at Wellington and at Christchurch, unless some clear line of demarcation be drawn between their respective jurisdictions. Of so much importance is this subject, that I should regard

Legislation upon any other as premature, possibly as mischievous, until it be settled.

I think, therefore, that no Session of the Provincial Councils ought to take place, until after the first Session of the General Assembly: indeed, unless the line of demarcation, to* which I have alluded, be very distinctly drawn, no Session ought ever to take place until the Annual Session of the Superior body is over: because, as the laws of the latter over-ride those of the former, the Provincial Legislators will require a copy of the laws of the General Assembly to be laid before them, in order that they may not stultify themselves by making Ordinances which would be so much waste paper. Now the duties of the Superintendant, so far as they can be inferred from the Constitutional Act, have relation solely to the Session of the Provincial Council; so that if that Session be delayed, his presence will not be required in the Province until the meeting of the General Assembly is over. This disposes at once of all tbe objections which have been raised to his election to the House of Representatives of New Zealand. Ido not say his functions shoidd be so limited; but what ever other duties he may be required to perform must be imposed on him by the General Assembly, at its first sitting. But there are, on the other hand, two reasons especially why he should be required to attend at the First Session at Wellington. First, because having obtained a majority of the suffrages of all the electors in the Province, and not of one district only, he cannot but carry with him greater weight and influence as being in the opinion of the people the man amongst them best qualified to take the lead in their public affairs, and because he, therefore, of all others, ought to take a share in the settlement of those preliminary questions which will come into discussion at the first General Assembly, and which will give the first impetus in the right or wrong direction to the whole machine of Government for many years to come. And secondly, because by taking a personal part in the Legislation upon these questions, and obtaining an insight into the spirit of that Legislation, and also by personal intercourse with the Superintendauts and Members from the other Provinces, he cannot but acquire sounder and more extended views as to the policy which it may be right or possible for his own Province to adopt in its relations with other Provinces, and with the General Government of New Zealand. I cannot imagine but that any one who aspired to conduct the public affairs of this Settlement, would feel that he could do so with far greater benefit to those who entrusted him with so high an office, if he had had the advantage of attending the first Session of the General Assembly. For some such reasons, probably, as those I have enunciated, it is, I have been informed, contemplated by some of the liberal party at Wellington, to recommend as an alteration of the Constitution, that the Superintendants shall permanently constitute a portion of the Upper House, in the General Assembly.

Very desirable as it is that as much Legislative power as possible should for the present be exercised by the Provincial Councils, it is equally important that the Legislation in the several Provinces should, upon the same subjects, be as uniform as is practicable. If this be overlooked, the inconvenience of a variety of different codes, especially in the lesser Criminal cases, will at no distant period be severely felt. This danger may be for the present lessened by the presence of the Superintendahts at the General Legislature, and also by the Election of some at least of the' Members of the General Assemby to the Provincial Councils; a policy which appears hitherto to have entirely escaped notice, and yet which will tend more than anything else to promote that harmony between the two Authorities which it is essential to pursue.

I have only to add, in conclusion, that the question is in no way a personal one to myself. The Election for the Superintendency will probably take place before any other. It is a question solely for the people to decide, whether they wish their Superintendant to obtain a seat in the General Assembly; but should they honour me so far as to elect me to that office, and should wish me to remain in the Province, I shall of course feel bound 'to comply with their wishes.

I have the honor to be, Sir, Your obedient servant, James Edwaud Fitzgerald,