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consultations with a Committee of the
Town Board, the Provincial Government agreed to bring forward a Bill to
enable the Board to obtain a loan of £25,000, to carry out improvements in
the town which are greatly required, and
the absence of which for any considerable
period would reflect discredit on the authorities.

I have also to lay before you copies of
a note presented to me on returning
from Auckland by gentleman who was lately a
member of the Executive of the Province,
and of a memorandum upon the subject.

And now, gentlemen, I have to declare
that this Council is open for the transaction of business.

Note and memorandum referred to.

We, the undersigned Members of the
Provincial Council of Southland, pledge
ourselves not to accept office as Members
of the Executive Council unless the Superintendent for the time being, first
pledges himself to act in accordance with
the spirit of the Provincial Government
Ordinance (No. 3), 1862, and not in violation of the principle which provides
that "The Superintendent shall act with
the advice and consent of an Executive
Council."

C. Cowan,
M. Scott,
W. F. Tarlton,
W. H. Calder,
Signed by S. Beaven,
W. Stuart,
J. Wilson,
J. Howell,
N. Chalmers.

Memorandum by the Superintendent for the Executive Council.

This note raises an abstract question
on the Constitution of a Provincial Government which opens out a wide issue.

The opinion implied is based upon
what the Superintendent conceives to be
a misapprehension of the nature and extent
of the powers vested in a Superintendent, and the relations they bear
to those of a Provincial Council; Substantially, the meaning of the note
amounts to an affirmation that the administrative powers of the Superintendent
are derived from the legislation of the
Provincial Council, and that, consequently, they can be exercised only
under the conditions prescribed by the
Ordinance referred to (No. 3.)

It would appear that such an opinion
is erroneous. A Superintendent is invested with various powers under the
provisions of the Constitution Act, of
various Acts of the General Assembly,
and by delegation from the Governor.

The Constitution Act provides for the
framing of laws by the concurrent action
of the Superintendent and Provincial
Council, and for the conduct of the Administration by the Superintendent.

In the legislation of the General Assembly, similar provisions on the latter
point are contained in several Acts, and
it would seem to be clear enough that the
exercise of powers thus conveyed, is beyond the direct control of the Provincial
Council; the extent of that control being
as pertaining to a subordinate Legislature, necessarily subject to limitations or
alteration by the action of the superior
Legislatures. The remarks of the Attorney-General on the 6th Clause of the
Marine Boards Ordinance, passed by the
Provincial Council of Southland in February, 1863, bear directly on this point.

It would appear that the members of
the Provincial Council who have signed
the note, hold that the intention of the
Ordinance referred to (No. 3), was to give
the absolute control of the administration
to those members of the Provincial Council who were also members of the Provincial Executive, the duty of the Superintendent being simply to give effect to
their decisions.

From the opinion that their relations
should be of this character, the Superintendent altogether dissents.

It is not borne out by the spirit either
of Imperial or Colonial Legislation.

When the Ordinance referred to was
passed, it was not contemplated that, in
virtue of its provisions, the Provincial
Council would claim the right to control
the exercise of powers which were vested
in the Superintendent by a legislature
possessed of authority overruling that of
the Provincial Council.

If such a claim was established, the
character of a Provincial Government
would be entirely changed, and the functions of a Superintendent might, under
such circumstances, be discharged as readily, and much more economically, by a
Chairman of the Executive Council for
the time being, who might be appointed
from day to day.

It may be assumed, however, that when