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"The Superintendent and Provincial Council, in its first Session, could not have done otherwise than they did in inaugurating a responsible form of Government by that Ordinance, for it is inherent in the nature of representative institutions that the dominant party in the people’s assembly should superintend the administration of the laws they make.

"Under the Provincial Government Ordinance the Executive Council is responsible to the Provincial Council for the administration of the Provincial Government, and an Executive Council, if it is to have the responsibility, must also have the control.

"We have to express our anxious willingness to proceed with the important business for which we have been called together, but as representatives of the people of this Province it is our first duty to require from your Honor the distinct recognition of the principles and duties of responsible government."

To the Provincial Council of Southland.

"The Superintendent has to acknowledge the receipt of a reply from the Provincial Council to his address as the commencement of the session.

"The Superintendent must regret that on any point of importance he should have the misfortune to differ from the Provincial Council, but as such a difference has arisen, he has to express his satisfaction that the Council has now given him this opportunity of entering into the question in one of its aspects.

"He does so somewhat in detail, with the view of assisting to clear up any misapprehension that may exist on the subject.

"It would seem, however, that the Council is in possession of some information upon matters alluded to in the reply, which it has not communicated to the Superintendent.

"If such should be the case, and that the Superintendent is a party concerned, the Council would show no more than a due consideration if it would furnish him with a statement of the circumstances, and ascertain whether he concurred in or desired to supplement it.

"In the eighth paragraph of the reply, it is stated—’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.’

"Now, this construction of the note is highly ambiguous; it either means, on the one hand, that such administrative powers are derived from Provincial legislation, in so far only as such legislation can lawfully confer such powers; or on the other, that the administrative powers derived from Provincial legislation (i.e., the Provincial Government Ordinance) are absolute. If the Superintendent had construed the note in the former sense, he would have seen little reason to dissent from the abstract opinion contained, however he might object to it for other reasons; but it appeared to him to be intended to convey the latter view; and that meaning having been strongly insisted on by the gentleman who presented the note, and who took a lead in the discussion that ensued at the meeting of the Executive, and who was also one of those who called together the meeting of gentlemen who signed the note, the Superintendent assumed that others who signed the note concurred in the same view; and he is borne out in this opinion by the expressions contained in other paragraphs of the reply, which would be altogether contradictory of the former explanation, but are quite in harmony with the latter.

"The memorandum states the opinion of the Superintendent, that ’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.’

"It would appear that such an opinion is erroneous.’

"Now, the 14th paragraph of the reply affirms the absolute character of the Provincial Government Ordinance when it states that it ’provides for the administration of the Provincial Executive Government by the Superintendent, who shall act with the advice and consent of the Executive Council.’ In the 10th paragraph it repeats the remark quoted above, ’that such an opinion is erroneous,’ adding, ’but your memorandum does not make it appear;’ and, in the 11th paragraph, it unequivocally accepts the premises of upon those, and joins issue with, the Superintendent, when it says that his reply contains ’nothing further than a simple expression of opinion contrary to ours.’

"It is scarcely necessary to say that