102

sures necessary for giving effect to the policy of the Govern-
ment; but in the absense of a co-operative spirit on their part
it would be impracticable successfully to conduct through the
two branches of the Legislature the most ordinary Government
business. From the recent debates in the House of Representa-
tives it is obvious that the members of that House are not
prepared cordially to acquiesce in any arrangement for the con-
duct of the public business in the Assembly which shall render
unnecessary the presence in the Legislature of any representa-
tion of the Executive Government.

It can scarcely be doubted that the absence of any provision
for securing that the Executive should be represented in the
Legislature is a defect in the Act, and the practical question is,
whether it is now within the power of the Officer adminis-
tering the Government to remedy the defect.

In the absence of any practical difficulty the most simple
sourse would have been for the Officer administering the Go-
vernment to select from the members of the Assembly three
persons who enjoy the respect and confidence of the country,
and who would be prepared to carry out the policy of the Go-
vernment, and to appoint such persons to the offices of Colo-
nial Secretary, Attorney-General, and Colonial Treasurer.

But the difficulty which stands in the way of such an arrange-
ment arises from the fact that the present holders of these of-
fices hold virtually permanent appointments, which in the ab-
sence of misconduct on their parts they can hardly be called
upon to resign; and, not having been required by the then Go-
vernor to secure their election for a seat in the House of Repre-
sentatives before the General Election, they could not be re-
quired to vacate their offices merely because they should not
be able to secure their election by any particular constituency,
even if a vacancy were made in order that the experiment
might be tried.

It would be desirable however that the Officer administering
the government, if he remains in office; and that a new
Governor, if a successor be appointed, should be in a position to
call to his Councils, and to appoint to the principal offices of
Government persons in whom the country would confide, to
give free scope to the full developement of the new constitution.

An act to be passed by the Assembly for securing to the
present holders of these offices, a reasonable provision in the
event of their retirement would probably tend to the attain-
ment of that object.

It would further be competent for the Officer ad-
ministering the Government under the authority of
the Royal Instructions, at once to add to the
Executive Council such other persons as he may deem
qualified and capable to advise him. By this means it would
be within his power to secure in some measure the representa-
tion of the Government in the Legislature. With this object
two or three members having seats in the Assembly might be
appointed provisionally members of the Executive Council, to
form the recognised organs of communication between the
Executive and the Legislative. The persons selected for this
purpose without being appointed at present to any specific
offices might be charged with the duty of conducting the Go-
vernment business through the two chambers, with the duty
of preparing, introducing, and superintending in their progress
such bills as may be necessary for giving effect to the policy of
the government; of preparing a financial statement and the
necessary measures for giving it practical effect. To enable the
persons entrusted with these duties to discharge them efficiently,
it would be essential that the Officer administering the Govern-
ment should give them his confidence and cordial support, as
return for laborious service, and further to secure their res-
ponsibility, it would be desirable that they should be adequately
paid. It would also be indispensable that one of their number
should be an able and experienced lawyer.

These legislative members of the Government it is to be
presumed would take office only on the condition of holding
their appointments so long as they should retain the confidence
of the Legislature. As regards the Crown their appointments
being made under the authority of the Royal Instructions
would be provisional only, and subject to be confirmed or dis-
allowed by the Crown.

In the meantime and during the continuance of the Session
at least, it would probably tend to the public convenience that
the present Secretary, Attorney-General, and Treasurer, should
continue to hold their offices and to transact the ordinary and
current business of their respective departments.

In the absence of special authority from Her Majesty's Go-
vernment, it is not I think within the power of the Officer ad-
ministering the Government to take any measures for carrying
into effect the resolution of the House of Representatives,
further than to prepare the way for opening the principal
offices of the Government to new men, and in the meantime
and as a temporary measure, to add two or three members of
the Assembly to the Executive Council, for the purpose of es-
tablishing a recognised and responsible medium of communica-
tion between the Executive and Legislative branches of the Go-
vernment.

The course thus suggested is not free from objection; and it
would no doubt be attended with some difficulty and incon-

venience; it proceeds however as far as, consistently with his
powers and duties, and especially with his position as temporary
administrator of the Government, he can I think prudently be
advised to proceed.

Looking to the views and expectations of the members of the
Legislature now assembled from all parts of the colony, there is
no reasonable ground to believe that in the absence of any mea-
sure for securing the representation of the Executive in the
Assembly that the most ordinary and necessary business of the
Government can be successfully conducted through the Cham-
bers. Seeing the strong tendency to Provincial independence;
believing that if the General Government be not strengthened
the central authority will become virtually powerless, and that
if the power of the General Government be not now increased,
the opportunity will be lost of limiting and defining the powers
of the Provincial Executive; seeing, too, that the temper of
the House is as yet moderate, and that there appears to be a
disposition on the part of the members to work cordially with
the Government, if met in a conciliatory spirit; and believing
that ill feeling once aroused would be followed for years by a
mischievous and unprofitable agitation: I think that if the
course above suggested would secure the maintenance of har-
monious relations between the Executive and Legislative bran-
ches of the Government, His Excellency would, under all the
circumstances of the case, exercise a sound discretion in adopt-
ing it.

(Signed) WILLIAM SWAINSON,
Attorney-General,

June 5, 1854.

No. 3.

To His Excellency the Officer Administering the Government
of the Islands of New Zealand.

May it please your Excellency,—

We, the House of Representatives, approach your Excel-
lency for the purpose of submitting to you the accompanying
resolution which has been adopted by this house, and we res-
pectfully pray that your Excellency may be pleased to take it
into your serious and early consideration.

(Signed) CHAS. CLIFFORD,
Speaker.

House of Representatives,
Auckland, June 6th, 1854.

Tuesday, June 6th, 1854.

Resolved—

That a respectful address he presented by the Speaker to the
Officer Administering the Government, praying that His Ex-
cellency will be pleased to take the following resolution into
his serious and early consideration, viz. : "That amongst the
objects which this house desires to see accomplished without
delay, both as an essential means whereby the General Govern-
ment may rightly exercise a due control over the Provincial
Governments, and as a no less indispensable means of obtaining
for the General Government the confidence and attachment of
the people, the most important is the establishment of Min-
isterial Responsibility in the conduct of Legislative and
Executive proceedings by the Governor.

(True extract.)

(Signed) CHAS. CLIFFORD,
Speaker.

MESSAGE No. 3.

Government House, Auckland 7th June, 1854.

The Officer Administering the Government has received the
address of the House of Representatives praying that he will
be pleased to take the following resolution into his serious and
early consideration, "That amongst the objects which this
house desires to see accomplished without delay, both as an
essential means whereby the General Government may rightly
exercise a due control over the Provincial Government, and as a
no less indispensable means of obtaining for the General Govern-
ment the confidence and attachment of the people the most im-
portant is the establishment of Ministerial Responsibility in the
conduct of Legislative and Executive proceedings by the Gover-
nor,"

The Officer administering the Government begs to assure the
house that he will approach the consideration of the subject
with a sincere desire to give effect as far as it may be in his
power to do so to the views of the house embodied in the
above resolution.

(Signed) R. H. WYNYARD,
Officer Administering the Government.

To the Honorable the Speaker of the
House of Representatives.

Resolved—

Wednesday, June 7th, 1854.

That this house desires to record the expression of its highest
satisfaction with the message this day read from His Excellency
the Officer administering the Government in reply to the
Address of the house on the subject of Ministerial Respon-
sibility.

(True extract.)

(Signed) CHAS. CLIFFORD,
Speaker.