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"This provision was not superseded by the Provincial Government Ordinance until August, 1862; in the meantime the earliest Act of administration was to form an Executive Council, which has continued with some alteration of the constituent members from that time until a recent period.

The note already referred to, inferentially charged the Superintendent with an infraction of the Provincial Laws—as the gentleman who signed the note could be regarded, when the Council was out of session, only in the light of private individuals with the exception of those who formed the Executive; the Superintendent conceived that the concluding paragraph in the memorandum for the Executive was a sufficient notice of the charge—but the case is widely different when the Council endorses this charge. It has done so in the reply by implications.

The Superintendent holds that he has a right to demand that the charge thus indirectly conveyed should be made specifically and openly; and when it is ascertained to what extent and in what way his actions have laid him open to censure, he will not shrink from meeting it."

J. A. R. Menzies,
Superintendent.

"Superintendent’s Office, Southland,
17th Feb., 1864."

Resolutions of Provincial Council of Southland, passed February 22, 1864.

Resolved—

(No. 1)

"That a respectful Address be presented to His Honor the Superintendent, informing him that it is the opinion of this House that, under the provisions of the Provincial Government Ordinance, No. 3, 1862, all powers that can be legally conferred by the said Ordinance should be administered by the Superintendent only with the advice and consent of an Executive Council; more especially, it is the opinion of this Council, that all moneys appropriated by it should be expended under the supervision of an Executive Council, chosen from its members, who will be responsible to this Council.

This House most respectfully desires to be informed whether the Superintendent concurs in these views."

Further explaining the manner in which the appointment of Engineer of Roads and Bridges was made, this House, from the evidence adduced, has been led to assume that the provisions of the Provincial Government Ordinance have not been adhered to, in as far as consulting the Executive Council is concerned, and respectfully requests His Honor to give an explanation of the matter.

"Further, this House demands that no independent action should be taken by His Honor in matters in which a Superintendent is bound by the Ordinance above referred to, to act only with the advice and consent of the Executive Council.

This House also considers that His Honor should, in all matters, consult his Executive Council, for, although no Provincial Law can control His Honor’s action in the exercise of powers conferred by a superior legislature, this house considers that those powers are conferred only for the benefit of the Province, and that His Honor, in acting by the advice of the Executive Council in these matters, would more fairly represent the true position of a Superintendent."

(Message No. 11.)
To the Provincial Council of Southland.

"The Superintendent has to acknowledge the receipt of two resolutions of the Provincial Council, passed on the 22nd instant.

The first, informing him ‘that it is the opinion of this House that, under the provisions of the Provincial Government Ordinance, No. 3, 1862, all powers that can be legally conferred by the said Ordinance should be administered by the Superintendent with the advice and consent of an Executive Council; and that all moneys appropriated by this Council should be expended under the supervision of an Executive Council chosen from its members, who will be responsible to the Council,’ and ‘desiring to be informed whether the Superintendent concurs in these views.’

The Superintendent believes that the first part of this resolution correctly defines the limits beyond which the jurisdiction of the Ordinance named does not extend, and that within these the administration should be conducted with the advice and consent of an Executive Council, and if, in the latter part, the words ‘under the supervision’ are held to be equivalent to the words ‘with the advice and consent.’

Resolved—

(No. 2)

"That until His Honor the Superintendent has an opportunity afforded him of explaining the manner in which...