The Taranaki Herald. " Open to All—Influenced by None." NEW PLYMOUTH, APRIL 26, 1854.

Taranaki Herald, Volume II, Issue 91, 26 April 1854, Page 2

The Taranaki Herald. " Open to All — Influenced by None." NEW PLYMOUTH, APRIL 26, 1854.

The Lady Clarke arrived yesterday, andi brings Auckland papers to the J 2th inst. ; and the mail of the Artimesia which reached Auckland on the 4th inst. Theie is no European news ; and the contents of the Auckland papers we are compelled to postpone to our next.

Press of other matter has prevented an earlier notice of the Superintendent's Address on closing the Session —in which there are several points of interest.

The early paragraphs of this document, advert to the position of the Superintendent and Provincial Council, in their relation to the iiead of the Government of the colony, and the General Assembly ; and the necessarily confined character of Provincial legislation until the Geneial Assembly shall have extended and defined the powers of the Provinc'al Governments. From the delay that has occurred in calling the Assembly together, and the absence of any guide but the exceptions in the Constitution Act, all the provinces have been left to shift for themselves. They have all gone to work in earnest to remedy their te->. spectice wants, and finding their powers in- '.< sufficient, have assumed what were consi-^' dered necessary for useful legislation ; and% in so doing have done much to assist the deliberations of the General Assembly on that important question. Doubtless in some instances the letter of the Imperial act has been over-stepped — and in some of those instai, cos the power of disallowance has been exercised, but it must be admitted that hitherto the veto has been applied with befitting moderation, the surrounding circumstances considered ; nevertheless, in these efforts for local improvement, the legislation of all, or nearly all the provinces has been subjected to its operation ; practically proving the necessity for the revi« sion of the Constitution in relation to the

Provincial Governments ; a necessity, indeed, contemplated by the act, which leaves such questions for the decision of the General Assembly. That body will well understandjthe difficulties with which the Provincial Governments have had to contend, and will doubtless shape their measures so as to remedy the imperfections which are mseperable irom distant legislation.

Another portion of this address explains his Honor's reasons for not having proposed an Executive Council, an institution which has been thought necessary in all the other provinces ; and the absence of which here, has been much commented on, some considering such an addition to provincial government desirable, others not seeing the necessity or use of it, whilst the administtative functions of the Superintendent remain so entirely under the control of the General Executive. We are inclined to agree with the latter view qf the question, aud doubt the expediency of establishing such a body at present ; although a further extension of the powers of the provincial government might render such a course advisable. There is something already sufficiently anomolous in the representative position of the Superintendent and the paramount control exercised by the Governor over all his acts ; and the establishing v Provincial Executive seems but adding another anomalism. A m.tn is chosen by the electors of a Province to fill a certain office, for the duties of which he isconsideieu capable, and for the true fulfilment of which it is intended to hold him responsible. Indeed it will be impossible to seperate him from the popularity or odium incident to his administration. It might not be difficult to distinguish between his acts in the performance of his office, and the superior authority which might from time to time be applied to control them ; these would be patent, but that his judgement should be fettered, and his freedom of action controlled by the imposition ol an authority established subsequent to his election, and which those who elected him, and claim to call him to an account of his stewaidship, have neither contemplated nor had part in, would reduce him to a mere nonentity. But will the object

aimed at be attained by the means adopted —or does not his position in relation to the General Government render the attempt abortive? The Superintendent has the power of originating tnensurris of any description, but it rests with the Council whellie* or not they shall become law. The member 3of the Provincial Council on the other hand may introduce any but financial measures, and hnvn a ri^ht to claim that, all the measures which they are entitled to originate, and which shnll be passed by them, be .submitted to the Governor whether the Superintendent cipproves of them or not ; fiia disallowance is not more final than his assent ; and in relation to financial bills, although the Council is not permitted to originate, it has the right of suggesting measures involving the appropriation of the public revenue to the Superintendendent; arid fai liner, to imbue him with their views, can appeal to the head of the Executive under whose direction it must be presumed he has acted in refusing them. By the Constitution act the Superintendent is made subordinate to the Governor ; can he be made subservient to another, and anomolous authority. .Suppose (in Executive Council appointed, the Provincial Council might drive them from office. Where is the gHin? The Superintendent appoints another, and this last in conjunction with the Provincial Council, may proceed to coerce the Superintendent into adopting certain measuies, and succted ; again it may be asked — where is the gain? The Governor's veto is still paramount, he can disallow them. The Council may petition for the removal of the Supetintendent, the Governor alone can decree it. They might stop the supplies; they do but make ilieir chief officer, who should be a mediator between the Piovince and the Governor, more absolutely dependant on him. Therefoie, unless the check which these Ordinances propose to establish could be made to reach the Governor ■ — which in the ease of the Provincial Governments is impossible — they must fail in the attainment of these objects.

The proceedings of the Piovincial Council of this province have hitherto been marked with grent unanimity, whether in the passing or rejecting of measuies ; but, n ministerial boiiy of (our, or even three members might be found a phalanx very difficult to deal with in a Couucil of nine.

We feel great diffidence in opposing views which have been so generally received; and which are fuither strongly supported by men whose attainments entitle their views to much respectful consideration; but cannot help holding that the course pursued in New Plymouth is most con»enial with the Constitution act; and thai if such an institution should be considered advisable under any extended powers granted to the Provincial Council by the General Assembly, it should come from the Assembly, which alone is privileged lo make any substantive alterations in the Constitution act ; and would be best able to nive a measure of the kind the uniform operation in all the provinces which would be so desirable it should h.ive. We have purposely avoided using the term responsible government in willing on this subject. There must be power, or there can be no reKponsidiliiy , and there ib no power except ill the Astembly and the Governor.