NELSON.

Westport Times, Volume IV, Issue 664, 28 May 1870, Page 2

NELSON.

PKOCEEDINGS IN THE PKOVINGTAL COUNCIL. (PEOM OUR OWK COEBESPONDENT.) Wednesday, May 25. Before I proceed again to unravel for ordinary human comprehension the tangled web of* events in the Nelson Provincial Council, let me congratulate you, Sir, upon the happy expression which was given by you in your article of the 14th inst., to the opinions entertained by the West Coast members of Council, and, I hope, by others of superior intelligence, on the subject of Mr Franklyn's tergiversation and his insinuations as to the conduct of his colleagues. The Coast members and others not inferior in intelligence recognise in you a prototype, in one respect, of the great Phairson, of whom you have probably read in the Bon Gaultier ballads. Tou are at liberty to lay the flattering unction to your soul, Sir. that, like him, you are " a most superior person." You have not, as has been said of the Superintendent, " conveyed a misconception of fact,'' but have represented very fairly what must be the general opinion, and have said your say dispassionately. Consider yourself complimented by your correspondent, as your correspondent feels complimented by being associated with an editor of such excellent moral perceptions. He feels that, like Hans Breitmann's political friend, you are really " sound upon de goose." In spirit, but not in letter, the Council has been making some better advance with its work during the last few days than it had done previously. It is still somewhat subject to the Irish insinuation that it has been " advancing backwards." In spirit the Council itself is as "willing as ever Mr Barkis was at any time, but the flesh of the Executive is weak—as weak as woman, yea even as woman of advanced years. The Superintendent, it is said, also partakes of womanly characteristics. "He is not false, but he is fickle," and the Council advances not a step without assuring itself that there has not been placed in its path a spring-gun or a man-trap. This constant feeling of suspicion is undoubtedly a mean and unhealthy one, but, new as it is to me, as a mere observer of events, it is a feeling which seems to be somewhat justified. In no other Council that I have seen in the Colony has there been such a persistent playing at " hide-and-seek " on the part of the Government, and it really seems to be more the result of personal peculiarities than a necessity enforced upon the Government by any action of the Council.

To conclude comment, and to renew narrative, let me remind you that on Monday, the 17th inst., Mr Shephard tabled a motion to the effect that the proceedings of the Superintendent and Mr Kynnersley, in connection with Mr Franklyn's resignation, were " highly unconstitutional, and merited the gravest censure." The telegraphists made you say that this was passed, but it was only proposed, or, rather, only placed upon the notice paper. Mr Luckie at the same timed renewed his motion of no-confidence. Next evening, several of the Councillors came to their seats charged to the muzzle with the material for an expose of his Honor, or with their views as to the grounds for censure. About the censure on Mr Kynnersley thore was some doubt. It was ascertained that Mr Kynnersley was really a member of the Executive at the time, but it

was felt that, however well acquainted ho was with Mr Franklyn, and however valuable he might be to the Superintendent in closing Mr Franklyn's mouth, he was not likely to have taken such a violent interest in our petty politics as to become party, the moment he landed, to every or any Superintendental scheme. Such, at least, was the opinion of one of your Members. But it was felt that buch a motion, somewhat modified, was really requisite, as a means of affording a full ventilation of the system and circumstances under which Mr Franklyn had both become a candidate and taken his seat. Those who are recognised as " tho Opposition" were prepared for the sudden appearance on the scene of some " Glasgow magistrate"—thxt is to say, for some red herring being drawn across the scent. They were not prepared for two of these; but two there were. Before Councillors had settled themselves into their seats came the announcement " A message from his Honor the Superintendent," and the usual answer " Admit the messenger," who, let me tell you, is not the " white-livered loon" who usually comes upon the stage with dishevelled hair and dirty boots, bearing a despatch consisting of lmif'-a-yard of paper in red-tape and sealing-wax, but a gentlemun of a mild yet dignified aspect, who bows to the Speaker, and smilingly retires with an expression which seems to mean " Put that in your pipes, and smoke it. my hearties." The first message merely enclosed a letter addressed to the Provincial Secretary by Mr Kynnersley, and it was proposed to be read, but Messrs Doune and -Reid were on their feet in double quick time to denounce the reading of what, having their guilty minds haunted by suspicion, they probably thought was a deliverance on the subject of debate by Mr Kynnersley. As reported,

Mr Donne opposed this on purely technichal grounds, as it was most unparliamentary to consider what was practically a private letter addressed to the Provincial Secretary, and without a word of comment on the subject of his Honor's message. Mr Keid also opposed. It was another instance of the anomalous condition of the Executive arrangements that a member of the Executive should address the Council by a letter sent to the Superintendent, who transmits it to the Council, instead of the Executive members themselves either tabling it, or explaining the circumstances. Moreover, there was no knowledge as to what influence any letter so intruded might have upon any forthcoming debate. The letter should simply be laid on the table.

The two members were told by the Provincial Solicitor not to be nervous —that Mr Kynnersley's letter was on another subject than that which they supposed; and the letter, (which had reference to his standing for Westland North, and desired a definite answer as to his appointment,) was laid on the table. It may or it may not be—it is no great matter—that the letter was purposely sent down on this particular evening, to divert the debate. At the close of the sitting, Mr Eeid gave notice of motion for consideration of the letter, as Mr Kynnersley wanted an early answer, but he allowed the motion to lapse, believing it to be the Government's duty to move; and this the Government afterwards did, with the result, as to Mr Kynnersley, of which you have already been info fined by telegraph. The reasons for that result you will learn as the narrative advances.

Next came the reading of the second message, which was as follows, and which has generally—let us hope truthfully—been designated

THE MESSAGE OF CONCILIATION. The Superintendent, looking to the fact that the Provincial Council has already sat for three weeks, to the existing condition of the business before the Council, and to the character of sonre of the Notices of Motion for discussion this evening, has arrived at the conclusion, that unless some change is effected in the relations between the Council and himself, the execution of much needed public works will be indefinitely delayed, and the interests of the people of this Province will materially suffer.

The Superintendent is convinced that a complete system of responsible government, although it is more or less imperfectly carried out in some of the larger provinces of the Colony, would, it' applied to the comparatively small affairs of this Province, be both costly and inefficient. But the Superintendent believes that some approach to that system may be made in the manner to secure more cordial relation between the Council and the elected head of the Province, and at the same time promote a more satisfactory understanding between the goldfields and the more settled districts.

The proposal which the Superintendent submits, with these views, for the consideration of the Provincial Council, is, that he should appoint to two of the present seats in the Executive Council two members of the Provincial Council indicated by resolution of the Council—one of them to be a representativefor the South.west Goldlields ; and that such two members should resign their seats in the Executive, upon the passing of a resolntion of the Provincial Council calling upon thorn to do so. The Superintendent feels assured that the Provincial Council will consider this proposal in a calm and impartial spirit, and trusts that if it does not meet their views, they will toll the Superintendent in plain words, by definite resolution, what would do so.

The censure and no-confidence motions were thus checkmated, and a proposition was made to bring the message on for discussion at once, but that failed. The motion was proposed and opposed thus : Mr Wastney moved the suspension of Standing Order twenty-six, in order to enable him to move that the Council go into committee to consider that message. Mr O'Conor seconded the motion pro forma. Mr Donne opposed it. It was premature to go into such a message with two motions such as stood on the paper tin-

disposed of, one a .notion of censuro for aparticular act, the other one of no-confi-dence. How could we, in the existing Executive Ordinance, attempt to nominate two members of Council for the Executive, which two members should go out of the Executive when the Council asked them to do so. If this Council considered any change necessary in the mode of carrying on the Executive management, it should not take the responsibility of recommending a scheme based on a message of this kind, a message so clearly a fishing message. The whole proceeding was unprecedented in the history of any deliberative body.

Mr Beid considered the motion to suspend Standing Orders a most unseemly act in a series of strange proceedings. They wore asked to give the subject a. preference, on account of its importance; but they would literally bring cont mpt upon the subject, upon his Honor, and upon themselves, by suddenly declaring themselves upon the matter of a message the text of which they scarcely knew. He would prefer an adherence to what he saw no reason for departing from—the constitutional custom of the Government bringing down a series of resolutions as the basis of a bill amending the Executive Ordinance.. If the motion were persisted in, he would certainly move, as the preamble of such a bill, " That the Executive, as at present constituted, does not possess the confidence of this Council,"

Mr Shephard said, that after what had fallen from previous speakers, it seemed to him that the best course to adopt would be to consider the subject, and after it had been mastered in this way, to appoint a deputation of the Council to confer with his Honor, and lay before him the views of the Council. (Hear, hear.) Mr P. Kelling was also opposed to such a premature consideration as the subject could get by at once going into committee. He thought a select committee should be chosen, as then it would be more dispassionately oonsidered. Mr Luckie was glad to see that the Government were beginning to realise the exigencies of their position, and he trusted that this was an initiatory step in a course of action different from that which they had previously pursued. It was becoming apparent to them that, so long as the Council possessed the spirit which it now possessed, aud should possess, so long would they be compelled to obey those laws by which both the Government and Council were governed. It was, hj« hoped, an indication of some glimmering of reason, which some, on account of recent conduct, were disposed to believe had altogether departed. He agreed, however, with Mr Eeid, Mr Kelling, and Mr Shephard, that it was premature and precipitate to consider at that moment the matter of the message. The Council was in no way prepared to deal suddenly with the propositions it contained, and he suggested that it should first be printed, so that full opportunity might be given for its fair consideration. The Government was a government of surprises, and in the case of most members, he had no doubt this was one of these surprises. Trick, surprise, checkmate, and evasion formed the favorite course of action on the part of the Government ; while, on the part of those members with whom he had acted, he could unhesitatingly say that, having nothing whatever to hide, there had been only fair, open, straightforward action. Surprising as it might be, however, he was glad that the Government were exhibiting some tokens of a return to reasonable conduct, and he trusted that the present proposal, whatever might be its merits, might prove to be the beginning of a course calculated to heal the breach Government had itself created. The message would, no doubt, be carefully considered; but that could not be done by at present going into committee on the subject. (Hear, hear.) Mr O'Oonor was glad his Honor" was " malting down," and hoped the process would continue. He had simply seconded the motion to elicit discussion, and the discussion bad served good purpose by exhibiting the propriety of postponement.

The motion was negatived, and the subject dropped for the evening, so far as the Council was concerned, but a committee of ten was afterwards appointed, and their deliberations resulted in the production of the following

REPLT TO THE MESSAGE. The select committee appointed to take into consideration his Honor the Superintendent's message Kb. 10, have agreed to submit the following resolutions for the consideration of the Council:—

1. That this Council, while convinced of the propriety of the course it has adopted, willingly receives any proposal coming from his Honor, having for its object the promotion of harmony between the Legislature and the Executive, and the forwarding of the business of the Province.

2. That, with the view of carrying out the ideas of his Honor and of the Council, it is recommended that the Executive Government Ordinance, Session 1., No. 1, and the Provincial Secretary Ordinance, Session 111., No. I, be repealed, and the following provisions embodied in a bill to be passed in lieu thereof:—

That the Executive Council shall consist of five members, to be appointed by the Superintendent, three of whom may hold seats in the Provincial Council, such three to remain members of the Executive so long only as they retain the confidence of the Council; .and it shall be the <iuty of one at least of such three members to represent the interests of the goldfields in the Executive Council. & ' ss§ 3. That, in the opinion of this Council, the adoption of the proposals contained in the foregoing resolutions would not necessarily cause any material additional expense, as that could be avoided by an improved allocation of existing offices. 4. That a deputation, consisting of the Speaker and four other members of this Council, be appointed to confer with his Honor on the subject of the foregoing resolutions.

I may as well carry the narrative of the steps takeu in this matter to their ultimatum. "When the report was brought up, it was considered in committee of the whole Council, and then came the anomaly which Messrs Donne and lieid had anticipated. On the first evening on which the matter was mooted, they contended that to throw the message into the midst of the Council was no way to do business —that it should have been embodied in resolutions, and brought down by the Government; and Eeid added cheekily " But in reality there is no Government, or, if there is, here it is," pointing to the seats of the so-called " Opposition." He hoped that the Council was not to be mot on their way back to the Superintendent by the members of the Executive, but this was just what happened. At

any rate the Executive refused to see how the recommendations of the Select Committee could be carried out. Mr O'Conor, who had not been on the committee, approved of the proposals as a constitutional check on the head of the Government, and spoke generally 'in favor of a fuller measure of Bespousible Government than was even proposed in the report brought up. As stated in the local reports, a long discussion, conversational and somewhat disjointed, ensued on the second resolution • but ultimately all the resolutions were passed, without a division ; and the. following members were appointed a deputation to confer with the Superintendent on the subject;— The Speaker, Messrs Luckie, Macmahou, Wastney, and Beid. This deputation conferred with his Honor on Friday for about two hours, and the conference resulted in an amended proposition being left with his Honor for consideration. It was to the effect that the Executive Council should consist of five members, to be appointed by the Superintendent, four of whom, including the Provincial Secretary, might have seats in the Council, the Secretary not to be subject to removal by an adverse vote, but the three others to retire on a distinct resolution-of the Council to that effect. It also recommended that the Superintendent should have a casting as well as a deliberative vote,and specified that the Goldfields should be represented by one of the members responsible to the Council. It was explained, however, in accordance with the expressed wishes of the West Coast members, that such a representative should not necessarily be selected from the members returned by the South-West Goldfields. The principal point upon which the Superintendent and the deputation were at variance was with regard to the Solicitor as well as the Secretary being fixed members of the Executive ex officio, and at five o'clock, when the Council met, His Honor submitted a proposal which did not coincide with the amended proposition referred to. His Honor's proposal was to make the Solicitor and Secretary members ex officio, and irresponsible, though in the Council, and to make the other two members removable, as well as the member unprovided with a seat in the Council. Again the Select Committee sat, but they could agree on no better arrangement than had been suggested by the deputation, and it was again submitted to the Superintendent. Some of the arguments used were that, to have two members out of the four only responsible was simply to put men in a position of possible indignity which none would care to occupy—a sort of football, as it were, between the Govern- ~ ment and the Council—and that, to ask an outside member to be responsible and removable, without his having a voice in the Council or in the matter of his removal, was asking what no one would be mean-souled enough to undertake. To receive His Honor's reply to the ultimatum, the Council met at eleven on Saturday, and the deputation, or those of its members who again waited upon his Honor, reported that, although not approving, he had assented to the arrangement. As the Queen's Birthday i'ell on Tuesday, aud to give time for the preparation of an amended Executive Ordinance, the Council then adjourned until this day (Wednesday), when it is to be hoped that this one obstacle to the progress of business will be cvercome, and that the Estimates will be proceeded with. It has been to the determination of the Council to have the administration, as well as the representation, of Provincial afi'airs placed on a better basis than they have been in the past, that the delay so far is due; but it may prove that delay, like contentment, has in this instauce been great gain. Including the discussion on Mr Kynnersley' letter, if discussion it can be called, other subjects interesting on the West Ceast have been both numerous and various, but perhaps you will allow me first to rub off the records I all references to the IVanklyn folly, '1

for the matter is not only wearisome, but if its author has really returned to private life, his political eccentricity may be forgotten. No doubt the sub-1 ject will pervade the proceedings of the whole session, for it has provoked inquiry, but it may be well to temper public justice with a little personal mercy. The ,first time on which the subject was'"renewed was on the occasion of the appearance of some remarks in the local evening paper, the nature of which is indicated in the context:— ME. FEANEXYN's EESIGNATION. —PERSONAL EXPLANATION'S. Mr Donne referred'to current reports in print and otherwise, to the effect that the' tabling of the notice of motion regarding Mr Franklyn's explanations, was an immediate consequence of that person's vote on the motion of "No confidence." The facts were these. It was generally reported before Mr Franklyn came up that there was a probability of Mr Franklyn not taking his seat, and he had resolved that a 'question' should be put. asking if he had resigned. Mr Franklyn j having put in an appearance, this was cot done, as no one could bo found who knew the actual circumstances. It was'not till a fetf hours before the opening of the "noconfr, dence" debate that ho leamed'that Mr Franklyn had actually resigned his seat, and it was only a question with him whother he should give the notice bofore or aftor the debate; for obvious reasons he preferred to table the motion after the discussion of motions stand" ing on the notice paper. The motion WW thus tabled on tho same evening the inform 1 tion wns obtained. (Hear, hear.) Mr Luckie' said facts had supported th( accuracy of Mr Donne's statement. Person* ally, when ho (Mr Luckie) first heard of tnj story, he doubted its truth, although it hj»

ieen frequently reported, and at the last moient, when Mr Donne was preparing his moion, he doubted the propriety of putting it, 3 he did not believe that the resignation had ver actually reached the hands of the Superatendent, but had been sent to another peron for conditional use, and he did not believe lie facts to be possible until the statement jade by the Provincial Secretary confirmed U that had been said and more. (Hear, ear.) It was not the question of a venal ote that would influence him or any one with rbom he had been acting; and had he at irst believed there was truth in the statement ie should have tabled a motion thereon on the rst assembling of the Council, The Governient acted very differently. They knew the lets, they knew the current rumors, they new the man had actually resigned, and was wally not a member of the Council, but that id not deter them from making use of a ote given by a stranger to save themselves rom obvious and inevitable defeat. (Hear, tear.) Mrßeid asked if he also might be allowed o make a " personal explanation." By doing 0 he could fully corroborate Mr Donne's ssertion that he (Mr Donne) was actuated in he matter by no consideration as to Mr 'ranklyn's vote. Immediately after the asembling of the Council, lie had been asked iy Mr Donne and others whether he was \vare that Mr Franklyn had resigned bis eat. His reply was that he believed Mr jYanklyn had not done so, and for this reaon. When Mr Franklyn informed him in ffestport of his intention of resigning, and if intimating the fact to Mr Kynnersley, he idvised Mr Franklyn to run no risks, as lie oight be by pursuing that plan, but to en:lose his resignation in the letter to Mr Lynnersley, either for presentation or retenion, according to Mr Kynnersley's resolution is to becoming a candidate. Mr Franklyn ivowedly approved of that advice, but, for easons best known to himself, had not acted upon it. Hence the denouement. Others suspected that the facts would show that his adrice had not been taken, and Mr Donue suc;eeded in securing some evidence that the resignation had been directed to his Honor. Immediately on that, Mr Donne resolved to give notice of his motion, and he believed that he was prompted simply by a desire to elicit the truth and to maintain the law, and not by my regard for Mr Franklyn's individual opinion as to confidence or no confidence in any Government. Mr O'Conor said that having, up to a certain period, been an intimate friend of Mr Franklyn, it might be supposed that he was also acquainted with the circumstances, either wholly or partially, and he desired to explain that he bad no knowledge of the facts. His impression was, that Mr Franklyn was not likely to have resigned because his conversation always induced him to believe that if the Government had an opportunity of ousting him, they would take it; but there had been such a train of deception running through the whole affair that he was not surprised at his own ignorance of the facts.

The prevalence of the subject in the minds of Councillors was subsequently shown by Mr Gibbs moving for Mr Shallcrass's report of his inquiry into I the Grey election, and by this question I being put by Mr Eeid : "William Norris Franklyn during the I past two years made any claim on the I Government ? What was the nature [ of such claim, if any, and has it been [satisfied?" To this question, which I iras not put as one of any material the Provincial Secretary I stated the claims made —one for a I house, and one for a salary as Inspec- ; tor of Weights and Measures, and he stated that both claims had been positively refused. The temper of the Council on this matter was further illustrated by a motion being agreed to, proposing an amendment of the Provincial Council Elections Act, providing for the immediate transmission of resignations by the Superintendent to the Speaker. Presuming that I have now exhausted the space at your command, I must reserve for your next number any report of the proceedings taken upon Mr Kynnersley's letters, and the Bet' of resolutions which were introduced by one of your Members as a substitute for Mr Shephard's direct vote of censure on the Superintendent, and which were unanimously carried.