103

No. 4.
Auckland, 10th June, 1854.

SIR,—

In obedience to your Excellency's commands I have com-
municated with those gentlemen who would, I conceive, be
able to conduct the Legislative business of the Government in
the House of Representatives, and would be willing to accept
seats in the Executive Council for that purpose, and I have the
honor to name to your Excellency F. A. Weld, Esq., and H.
Sewell, Esq., who, together with myself, are ready to under-
take that task.

I beg at the same time to represent to your Excellency that
it would materially facilitate the conduct of legislation, and
would tend to obtain the general confidence of the people if a
fourth member were added to the Executive Council, being an
inhabitant of Auckland, and in a position to represent the spe-
cial interests of the Auckland community; at the same time I
regret that I am unable at present to name such a person to
your Excellency, but I hope to be able to do so in a few
days.

In accepting office for the above purpose, I am to express on
my own part and that of my colleagues, that we do so on the
understanding that in accordance with the arrangement sug-
gested by the Attorney-General, a Bill shall be immediately
introduced into the House of Representatives for the purpose
of securing to the present holders of the offices of Secretary,
Treasurer, and Attorney-General such compensation as the
House may deem to be fair and reasonable upon a full consi-
deration of their respective claims, and that those gentlemen
shall resign their offices as soon as the convenience of the public
service shall require it.

I have the honour to be.
Sir,
With the greatest respect,
Your Excellency's most obedient
humble servant,
(Signed) JAMES EDWARD FITZGERALD.
To His Excellency
The Officer Administering
the Government.

(Copy.)
No. 5.
Government House,
Auckland, June 10, 1854.

Sir,—I have the honor to acknowledge the receipt of your
communication of this day's date, and in reference thereto, beg
to state I am happy to find you disposed and enabled to carry
out the proposition made to you by me, on receiving a resolu-
tion from the House of Representatives in connection with the
desire of that body for a system of Responsible Government;
and to acquaint you that I shall have pleasure in appointing
you, and the two gentlemen named by you, to seats in the Ex-
ecutive Council, provisionally, till the pleasure of Her Majesty
is known thereon; and be prepared moreover to repose in you
my entire confidence, while carrying on the Legislative busi-
ness of the Government through the Assembly.

The introduction of a fourth member into the Executive
Council, I conceive uncalled for at present. It might embarrass
the officer appointed to relieve me, and, on the other hand, the
interest of the Auckland community can never fail to enjoy
protection while the existing members retain their seats in the
Executive Council.

With regard to the third and last point alluded to, I feel
convinced you will agree with me in the inexpediency of my
disturbing, in any way, as temporarily administering the Go-
vernment, the position of those now in office; at all events till
I am honoured with the views of her Majesty's Home Govern-
ment on the steps I have already taken. In the meantime I
have not failed to make known to the gentlemen concerned the
tenor of your concluding paragraph, in reference to which, no
hesitation, I find, exists on their parts, to meet the require-
ments of Her Majesty's Government, as will be seen by the
enclosed copies of notes I have received from them on the sub-
ject.

I have the honor, &c.,
(Signed) R. H. WYNYARD,
Officer Administering
the Government,

To J. E. Fitzgerald, Esq.,
&c., &c.,
Auckland.
True copy,
A. S. RICHMOND,
Assistant Private Secretary.

(Copy.)
No. 1,

The Colonial Secretary will be prepared, on a reasonable re-
tiring provision being made for him, to resign his office, when

the Representative of the Crown shall intimate to him that the
interests of the Colony would be promoted by his doing so.
(Signed) ANDREW SINCLAIR,
Colonial Secretary.

10th June, 1854.
True copy.
A. S. RICHMOND,
Assistant Private Secretary.

No. 2.
(Copy.)
The Attorney-General having been appointed by the Crown,
conceives himself to be an officer responsible to the Crown. But
that either with or without any retiring provision whatever, if
the Representative of the Crown shall intimate to him that the
interests of the Public Service or of Her Majesty's Colonial
subjects would be promoted by his retirement, he will be ready
to retire at any time.
(Signed) WILLIAM SWAINSON,
Attorney-General.

10th June, 1854.
True copy.
A. S. RICHMOND,
Assistant Private Secretary.

(Copy.)
No. 3.
The Colonial Treasurer having been appointed by the Crown
will be prepared, provided an Act be passed by the Assembly,
making fitting provision for his retirement, immediately to ten-
der his resignation to the Crown, and upon the confirmation of
such Act by the Crown, and the acceptance of his resignation,
be prepared immediately to give up office.
(Signed) ALEXANDER SHEPHERD,
Colonial Treasurer.

10th June, 1854.
True copy.
A. S. RICHMOND,
Assistant Private Secretary.

No. 6.
To His Excellency the Officer Administering the Government,
The House of Representatives humbly approach yeur Excel-
lency the Officer Administering the Government, and pray that
your Excellency will be pleased to accept an expression of the
high satisfaction and deep sense of obligation towards you with
which this House has regarded your Excellency's prompt and
unreserved compliance with their desire, that Ministerial Re-
sponsibility in the conduct of Legislative and Executive pro-
ceedings by the Governor should be established without
delay.
(Signed) CHARLES CLIFFORD,
Speaker.

House of Representatives,
Auckland, June 21st, 1854.

(Copy.)
No. 7, or A.
CONFIDENTIAL MEMORANDUM.

At the commencement of the present session of the General
Assembly a debate took place upon a resolution asserting the
necessity of a recognition of the principle of Responsible Gov-
ernment in the sense in which that term is understood in the
Constitution of England, and has been recently acted on in all
the British Colonies in which representative institutions are
established. That resolution after a debate of several days
was adopted by the House of Representatives with but one
dissentient voice.

His Excellency, with the advice of His Executive Council,
hen determined to meet the views of the house, by admitting
to the Executive Council three members of the House of
Representatives who should held their offices so long as they
could command the assent of the majority of the legislative
bodies; but it was understood at the same time that the
arrangement then made should be considered to be a provisional
one, as a step towards the flual establishment of the new sys-
tem of Government so soon as the public service should ren-
der the complete change necessary. It was further determined
that the Attorney-General, who had been appointed to be the
Speaker of the Legislative Council, should conduct the Govern-
ment business in that house; and it was assumed that his
position as Speaker would form no obstacle to his doing so.

In a short time, however, the dissatisfaction of the Legislative
Council at such an arrangement, rendered it necessary that a
fourth member should be added to the Executive Council with
a seat in the Upper House, charged with the conduct of the
Government business in that body. After full consideration
His Excellency coincided in the necessity of that arrangement.

In this manner the Government was conducted for some weeks
with harmony and success; several important Bills brought in
by the Government, imperatively necessary for the consola-
tion and adjustment of the powers granted by the Constitution
Act, were passed, or carried through several stages.

But as the Session advanced, new circumstances arose. A
formidable opposition was formed, which, although hitherto