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a Superintendent and Executive Council act heartily together to promote the public service, questions of relative powers should rarely arise—it is probable that they are more apt to arise upon points of barren punctilio rather than for more serious reasons.

With regard to the more specific object of the note which inferentially charges the Superintendent with a violation of the Provincial laws, as construed by the Members of the Council who have signed it, and demands a specific pledge from him that he will observe them in the light of that construction, the Superintendent will only observe, that as the Provincial Council shall meet in session shortly, those members will then have an opportunity of carrying out their view to a legitimate conclusion by memorialising the Governor to remove the Superintendent from a position which a systematic violator of the law would unworthily occupy.

J. A. R. MENZIES,
Superintendent.

12th January, 1864.

REPLY OF COUNCIL.

"Provincial Council Chambers,

"February, 1864.

"Sir,—"Your Honor having been pleased to call us together on account of the disallowance by His Excellency of the ‘Appropriation Ordinance, 1863;’ the various matters contained in the Address which you have laid before us, shall receive at our hands the most thoughtful consideration.

"It is to be very greatly regretted that the expenditure (mainly upon Roads) should have so far exceeded the estimated revenue; we trust, however, that the anticipated Land Sales may meet, in a great measure, the exigencies of the expenditure for the remainder of the financial year.

"The Loan Ordinance, to provide funds for replacing the sums hitherto advanced by the Banks for the expenditure already incurred, shall have our careful attention. The Loan Ordinance, to provide for the cost of Extensions of the Bluff Harbour and Invercargill Railway, shall meet with the same consideration.

"We notice that your Honor reports the passing of the New Land Act for Southland at the last sitting of the General Assembly. We regret, however, that in violation of the understanding that legislation on this most important matter should not take place unless on the recommendation of the Provincial Council; the Assembly thought proper to pass the Act in its present shape.

"We greatly regret that the members for Southland were unsuccessful in obtaining a representation in the General Assembly adequate to the wants of this important Province, but trust that at the next Session their efforts may prove successful.

"We also regret the appearance of Pleuro-Pneumonia within the limits of the Province, and will give this matter our most earnest consideration.

"The Town Board Loan Bill will have the necessary attention.

"The note referred to in your address affirms that the administrative powers of the Superintendent, which are derived from the legislation of the Provincial Council, can be exercised only under the conditions prescribed by the Ordinance referred to therein.

"Your Honor’s reply to the note which was handed to you upon your return from Auckland by a gentleman who was lately a Member of the Executive Council of this Province, we have attentively considered, but the Provincial Council do not gather from that reply any reasons for differing from the opinion as expressed in that note.

"Your Honor simply states ‘that it appears such an opinion is erroneous,’ but your memorandum does not make it appear.

"Your Honor’s reply, containing nothing further than a simple expression of an opinion contrary to ours, calls for no detailed remark further than we are not aware what the various powers are which you state are vested in the Superintendent by the Constitution Act, other than the power, in conjunction with the Provincial Council, of making Ordinances.

"As regards administration, the Constitution Act is silent. That matter, as will be seen by reference to Sir John Pakington’s despatch accompanying the Act, was intended to be left to the Superintendent and Provincial Council to regulate by Ordinance.

"This was done by the Provincial Government Ordinance to which your Honor was a party.

"That Ordinance provides for the administration of the Provincial Executive Government by the Superintendent ‘who shall act with the advice and consent of an Executive Council.’ (Clause 2.)