SUPERINTENDENTS ADDRESS. December sth, 1861.

Otago Witness, Issue 523, 7 December 1861, Page 3

SUPERINTENDENTS ADDRESS. December sth, 1861.

Mr. Speakkr am) Gkxtlemkn,— It is with reluctance and regret that I linn called you together on the .present occasion : n:i(l ria-.l there been any means of averting tinlieressity, I should have readily availed myself of them: but emergencies arose which l! could not anticipate, and to moot which satis- 1 faetonly I need your counsel. J lie duties of last session were per.rcel\ closed, when a leading member *of the Executive Council received an intimation from the secretary of Crown Lands that he must either •resign his position in the Provincial Executive, •or his appointment under the (General Government. The gentleman who communicated thU alternative had been deputed, so he informed me, on a visit to this Province, to nseertnin my wants and strengthen my hands, but he left,apparently, with the intention of removing an officer who had 'been connected with the Executive Government for man} .years, and did nor even allude to his ben/ about to take such a step ; nor did he, after arriving at the Seat of Government, even •adopt thefoimalitynf intitmUingtani" what he Lad done. Ir» gret the absence,' on't he present •occasion, of that official courtesy which in a ■circular from fhe-GenenU Government I was •requested to encourage, and had attempted to •promote, between the -officers of the 'two Governments. On the receipt of the communication above referred to, the Commissioner of Crown I.anis tendered his resignation, which I conditionnlly accepted, under the provisions o\ the Executive Council Ordinance. 'On the recommendation of the remaining members, 1 lo«t no time in applying to a gentleman who, I thought, would probably join the Government: but he declined, being unwilling to ..join alone, and he tendered me the : nanies of three gentlemen, who, with himself, were prepared to unite in an Executive Council. It-ap • feared to me that I could not, consisU-utly with my duty toyon. and theconstituency who elected me, accect of their services. I therefore refrrred back to the Executhe, who endeavoured to complete their number b} r the addition of a country member, whose engagements, unfortunately, did not admit • «if a residence in town : In the meantime the gentleman who proposed a reconstruction of the government, on learning fiom me that ' other fuggc-tions were under consideration, ■withdrew his proposal. J*& __ Posseß^insj co-exten<;ive Executive power*, "tinder the Executive Council Ordnance, -with that portion of your body winch represents .you, and having al. c o concurrent legislative powers tnder the Constitution Act with your--nelves, I deemed it advisable to act as I have - done, before accepting the services of certain -gentlemen whose presence in the Executive Council Chamber I cannot regard, at the 'present moment, as in harmony with the interests of the Province, i have no alternative but to -speak freely and frankly. "Of the oilier gentlemen -whose names have "been submitted by Mr. Dick, as members oi "the Execu:ive Council, you are aware that "there is a suit pending against one of them, 'for the recover}' of a certain sum of money paid on his receipt from the Provincial' Treasury without any value having been received; Another, who was lately removed fiom the «otfice of Provincial Treasurer, was proposed'to me hs Provincial Solicitor, and would, had the arrangement been carried out, have had 'to sue hi* colleague ; and, moreover, if the 'threatened action against'the government for "the recovery of monies informally paid by him ■in the case- of the ship u Gala" when in charge *of the trea«ur\ department, were persevered in. ; be ■would' be both prosecutor and principal " witness: and, further, if the action was de*eided against'the government he would l^e pmd to recover the amount from himself and *}iis security. The third gentleman is a material ■witness in the same ca«e. This, Gentlemen, in -connection with another cause which I will /shortly mention, is Hie reaFon that induced me 'on the pre.«ent occasion to exercise my constitutional prhilege of calling you together at • «uch time* and places asj[ may thiuknecessary. -"-^-^on^are^aTvafe^liow" readily at the first -session of the Provincial Council after taking 'office, I initiated a measure for the fuller • development of Responsible Government, •even though it curtailed my own power-; the ■spirit that then actuated me 'would, had 1 "deemed it necessary, have induced me to 'encourage the extension of the same principle. ; but a smse of*duty«to the people that elected 'me obliged, me "to- pause before handing over ifce executive powers' to a number of gentle~men who, as a whole* do not tpossess-my conffidence. For the furtherance -of the public r interestSj I would waive all personal considerations; but you will see the expediency of my 'being aided "by an' •Executive who, if not ' agreeing with -me in the broader political « question*, are at least free to advise me in the charge of the pnblie-revennes. The position *df the Government at the present -moment is -•doubtless one *of difficulty, and may, if not -amended, have a tendency to damage the -character of i'rovincial Institutions; hut I "have every hope that in meeting together you will -be -able, by mutual concession, to form -*uch an Executive Council as maj' assist me in carrying on the Government until such •time as the interests of the public will nerain admit of an appeal to the people. Failing "•this, there is- a solution of the difficulty, which "was proposed, and-rejected by you at the last -resMon, and which may be renewed on the -present occasion — a dissolution of the ' Provincial Council -by His Excellency the Governor, -on the authority of the Constitution Act, the ■ exercise of which power has hitherto been -confined to those cases in which the Superintendent and Council agreed in praying for the same. That such an agreement is -necessary, arises from the circumstance that a dissolution involves in it the vacancy of the -office I hold Should the Superintendent not •coincide in the view taken b}' the Provincial Council, the Governor has the power to remove him from his office on the application oi a majority of its members, and he then again -can appeal to the general body of electors for re-election. As it is only reasonable *to snp.pose that at the election of representatives which took place scarcely two j'ears since, the electors returned the gentlemen who possessed tneir confidence, and four of your number •were only lately elected, the probability is •that there would not be a change in the representation as would justify so extreme a ■measure as a dissolution, 'fie that as it may, it is expedient that we should bear in mind the position of ihe mining population, who are invested with the electoral franchise under '•The filiners' Franchise Act of I860," and which they cannot become possessed of before next March, and cannot exercise until after the revision of the Electoral "Roll, probably in August next. The operations of this population have most materially-affected the position of this Province, which now takes the foremost place in all .New Zealand, and have, besides, introduced an increase of population into till' the electoral districts, .pervading the .professions, and entering into all the departments of trade and commerce, — all of whom •will be unjustly debarred from their l^giti*iate and beneficial electoral influence by a premature dissolution.

"Whether the cinss legislation introduced by the Act of the General Assembly' is desirable or not, it i< not the present purple to ascertain ; we have merely to recognise the fiict (hat it exist*, md hn< heen acted "upon in our ' Provincial Council Ordinance. 1 SOI." which appointed two members for the mining districts of Tivipeka. »md one for the runho'lders in tlie North. If the tendency of this legislation is injurious in its character or in itsapplication, let us fairly meet the question ; but let v* avoid anything which may flu our the idea that we are working underground. — I feel snre,'dentlemen, that these considerations will have due influence in your deliberations. Our population within these laM few month* isfiorihled ; and I am convinced you 'will not'hastity adopt a proposition which maj' deprive those who have cast in their lot among vs — whether ns the holders of miners' rights, or otherwise holding leases or freehold* — from the exercise of even a single right to which by law they are entitled. There is also another subject which I think should be considered by you. I would willingly avoid ffny allusion to it if it were possible; the more especially from the recollection of the support so readily given me by the Colonial Secretary in the early period of the pre K ent year, and which makes me regret that his time has been so fully occupied with native affairs as to pieclude him from continuing the immediate direction ol the communications with the Provincial Authorities. Every day comiuces me of tluabsolute necessity for the establishment among us of an authority capable of finally acting, without having recourse to the circuitous and dilatory -system of reports. I will can*e to be laid before j'ou some correspondence with the General Government, and with other officers, which will require \our attention. For nyself I have no hesitation in saving that T regard the interference of the Postmaster-General, after I had permission to include the transmission of the English Mail in eny-nrrangement I wight make for communication between this Province and Melbourne, as aggressive and arbitrary. The attempt to burthen this Province with the entire expense of the troops, despatched ai my recommendation, while it is sharing in the expenses incurred on account of the I\lilitarj engaged in the North, cannot be viewed a; other than ungenerous if not unjust. The papers connect! d with this subject were lait on your table during last session. The de'laj- in granting commissions for tlit necessary increase of the Mauist racy, and the absence of any orders for the Constitution o Warden's Courts, are subjects of the gravest importance. The needless difficulties impo c ed bj' th< General Government in making a\ailable th( endowment for Harbor purposes; and thus interfering with the progress of the Province at an important period, and with the measure! which are necessary to preserve the health o its inhabitants, are also much to be regretted The irregular performance of the stean contracts with Sydney ttnd Auckland, nnde] the General Government, is as regards Ota»( a fiuitful source of annoyance and delayOn the last- occasion the Provincial Office! opened at 10 a. m., when the letters whiel were placed in the box of the department at tin Post Office on the previous day wereavailabli for reply, and the mail left Duuedin at 2 p.m. thus almost rtutralizing any good that migh arise from nuch communication ; a simila; occurrence T complained of but a short tinn since; and the English mail which was due or rlie 29th, arrived at Dimedin at9~p.ni las . c night, and registered letters and newspaper ■ must be posted by 4 p-m. to-day, and stampu j letters to-morrow at 9 a.m. I have now to declare this Council open fo '" the despatch of business. " After his Honor's address, and a short expL II nation by Mr. Walker on behalf of tbe'Gnvern n ment, the Council adjourned till to-day at fou 11 o'clock.