than partaking of the higher attributes
of Legislation.

7. For the same reason, her Majesty’s
   Government determined on submitting
   to Parliament another suggestion originated by yourself, although not actually reduced by you into practice; that of rendering the Superintendents of Provinces elective. They are aware that this is an innovation on ordinary usage, inasmuch as these officers have one function at least of a higher and more independent character than the elective chief magistrate of an English municipality—being, that they are to possess a negative voice in the passing of Local Ordinances. But they have not, on this account, thought it necessary to withhold what, they have every reason to believe, will be regarded by the colonists as a valuable concession; while they feel a confident hope that the electors will form the best judgment as to the persons qualified to serve the public interest in offices for which a knowledge of the wants and circumstances of each particular locality is peculiarly requisite.

8. After the best consideration which her Majesty’s Government have been able to give the subject, Parliament has determined, under their advice, to insert in the Act no provision respecting the payment of the Superintendents; considering it a subject best left to the decision of the Provincial Councils. I may here add, that they have in a similar way omitted all provision for payment of members either of the Provincial Councils or House of Representatives, not from having formed any judgment adverse to such a regulation, but from feeling satisfied that the manner and amount of such payment, if any is thought necessary, will be best settled by those respective bodies.

9. Nor have provisions been inserted giving executive authority of any kind, to the Superintendents. This is a point on which her Majesty’s Government did not feel that they had sufficient information to adopt any definite course, while the general prerogative of the Crown and the power of the General and Local Legislatures, seemed amply sufficient to provide whatever might be ultimately deemed advisable.

10. It is, however, my wish that any such Executive Powers as may be found necessary in order to carry on the functions of Government in the respective settlements, may be entrusted to these officers. This may be done by your own authority, as representing the Crown, or by Act of the Central Legislature, as the case may require; but they should, at all events, be always included in the Commission of the Peace for their respective localities.

11. Another point in which you will observe that your own suggestions have been adopted, is the leaving the power of allowance and disallowance of Provincial Ordinances in the Governor instead of the Crown.

12. I now proceed to the Constitution of the General Assembly, in respect of which the principal deviation introduced by her Majesty’s Government from the scheme of their predecessors is, that a Legislative Council of Members nominated by the Crown is maintained according to the ordinary model of Colonial Governments, except that, as in Canada to which a somewhat similar constitution was granted by Act of Parliament, their nomination is for life. I need not here enter into the particulars of the reasons for this change, which will be readily collected from the Parliamentary debates which have taken place on the subject.

13. The number of the Council is limited by a minimum only, in order that it may be hereafter expanded as the exigencies of the public service may, from time to time, require: but, for the present, it is proposed to limit it by your Instructions so as not to exceed fifteen. The Instructions will accordingly empower you to nominate not less than ten, nor more than fifteen, persons to the office of Legislative Counsellor. And it is desirable that, without waiting for those Instructions, you should at once proceed to make your selection, and report it immediately to her Majesty’s Government.

14. It has been thought, upon the whole, most convenient to leave to the House of Representatives to make, on its first meeting, all the rules which may appear expedient for its own management, even to the appointment of a quorum for the conduct of business.

15. It has been the object of Parliament to give to the General Legislature, thus constituted, powers as extensive as it was possible to confer, consistently with the maintenance of the prerogatives of the Crown. Accordingly there is no restriction on those powers introduced into the Act on which I think it necessary to make any observations, except the reservation of certain sums for specific services, ordinarily called a Civil List; which reservation, however, by no means