104

successfully met by the Government, rendered it more than
doubtful whether the public business could be much longer
conducted in the Houses of the Legislature, except by a strong
and consistent Government composed of the holders of the
principal offices in the Executive. It became every day more
apparent that the attempt to conduct the Government in the
Legislative houses of the Assembly, by others than the heads of
the principal Departments could not but fail; and that the
temporary expedient adopted, could not long succeed.

It is to be observed, that, that attempt was one never before
tried; there being no instance of a colonial government being
conducted in the Legislature except by the Executive Officers of
the government in person.

The result of the proceedings of a Committee of the house
on the subject of the public revenues and expenditure since the
expiration of the last Appropriation Bill. ten months ago,
tended materially to lessen the confidence of the honse and the
public in the government as at present constituted.

The public have had before them in a definite and tangible
shape the existence and the results of a policy in the manage-
ment of the revenues, in the administration of the Crown
lands, and in various departments of the public service,
which are eminently distasteful to the great mass of the popu-
lation.

The result has been the growth of a general feeling of inse-
curity in the minds of the public, both in and out of the
Houses of the Assembly, as to the conduct of the public busi-
ness of the country, and a general determination, which there
is every reason to believe exists on the part, not only of the
opponents of the government, but also of its supporters in the
house, not to grant the supplies necessary to carry on the
service of the government, unless upon the constitutional
security (derived from the presence of the principal holders of
office in the Houses of the Legislature and the responsibility of
their tenure of those offices) that the administration of the go-
vernment would for the future be conducted in accordance
with the will of the Legislature.

This feeling has been increased by the consideration that in
the Bills laid before the House of Representatives by the go-
vernment, it has been found necessary to ask for very consi-
derable powers being entrusted to the Executive in the adminis-
tration of the functions which those Bills proposed to create;
and it is argued with reason that the Legislature would not be
justified in granting such extensive administrative power, unless
ample guarantee were afforded, that those powers would be
exercised under the constitutional control of the Legislature.

Upon the whole it is apparent that the government of the
Colony can be no longer conducted on the present footing: and
it is more than probable that should the present arrangements
continue, a very serious difficulty will be experienced in ob-
taining the supplies for the public service.

The present holders of the unofficial seats in the Executive
Council would be acting in neglect of their duty to his Excel-
lency, to their constituents, and to themselves, did they con-
tinue to hold office under an arrangement of which the only
result must be to embroil the Executive with the Legislature,
at a moment when the whole interests of the colony are deeply
concerned in conducting the Government with harmony.

There appear to be but three courses open. First, that the
present unofficial members of the Executive Council should
be replaced by others, should any such be found, who will
accept seats on the understanding that the present arrange-
ments shall be preserved. Secondly, that the Government
shall be restored to the old form, and shall be carried on without
any unofficial Members in the Executive Council. And thirdly
that the present holders of office shall resign, and the Govern-
ment be re-constituted on the ordinary responsible basis.

It is quite obvious that in the two first of these cases an
immediate prorogation, probably al dissolution of the General
Assembly must follow, and the Government of the Colony
must be carried on for many months longer without any legal
appropriation of the public revenues. The organization of the
public Departments consistently with the requirements of the
New Constitution, a measure loudly called for by the present
state of all public business, must be delayed for an indefinite
time; and a conflict fraught with danger to the peace and well
being of the Colony will inevitably arise between the General
and Provincial Governments; a conflict which cannot but end
in the augmentation of the powers of the latter to such an ex-
tent as seriously to endanger the unity of the Colony as a
whole.

The third course proposed will have an exactly opposite
result. The present holders of office have already signified
their readiness to retire. It is understood as a sine qua non
that proper pensions shall be provided for them on
so doing. The principle is admitted that the tenure of
these offices is to be changed so soon as the service of the coun-
try shall demand it. That is asserted by the Executive Govern-
ment Bill now before the House. The only question left is one
of time, and that consideration it is presumed is not one of such
importance as to justify the risk of such grave consequences as
delay may produce. Under these circumstances that the wisest
course, the course most consistent with the best interests of the

country would be, that the present holders of office shonld
place their resignations at His Excellency's disposal, and that
so soon as the Executive Government Bill shall have passed,
His Excellency should accept those resignations, and should
appoint to the offices of Government under that Bill, such
persons having seats in the Houses of the Legislature as he
may deem best able to conduct the affairs of government in
accordance with the views of the Legislative bodies.

(Signed)
J. E. FITZGERALD,
F. A. WELD,
T. H. BARTLEY,
H. SEWELL.

True Copy,
A. S. RICHMOND,
Assistant Private Secretary.

No. 8.
Colonial Secretary's Office, Auckland,
1st August, 1854.

Sir,-Having concurred with the other Members of the Exe-
cutive Council in advising your Excellency to take such steps
as may be in your power for securing the representation of the
Government in the Legislature by persons having seats in the
Assembly, I have now the honour to tender the resignation of
my office as Colonial Secretary of New Zealand, which I have
held for a period of upwards of ten years, in order that as far
as depends upon myself no difficulty may stand in the way of
the attainment of a great public object, and I have to request
that your Excellency will be pleased to accept my resignation
as early as the public service will permit, in order that my:
appointment may interpose no difficulty in the way of the esta-
blishment of Ministerial Responsibility in the conduct of
public affairs.

I have the honour, &c.
(Signed) ANDREW SINCLAIR.
Colonial Secretary

[True Copy.]
A. S. RICHMOND,
Acting Clerk of Executive Council.

No. 9,
If in the opinion of the Legislative Members of the Execu-
tive Council it would tend to facilitate the conduct of the Pub-
lic Business through the Legislature during the present session,
the Attorney-General will place them in a position to state to the
Assembly that he has already forwarded to the Secretary of
State through His Excellency the resignation of his office, in
order that so far as may depend upon himself a full and fair
trial may as early as possible be made of the principle of
Ministerial Responibility in the conduct of the Government.

(Signed) WM. SWAINSON,
Attorney-General.

August 1st, 1854...
(True Copy)
A. S. RICHMOND,
Acting Clerk of Executive Council

The Colonial Treasurer stated that he would adhere to the
original statement made by him on the 10th of June last...
True Extract.
:
A. S. RICHMOND,
Acting Clerk of Executive Council.

No. 10.
Auckland, 2nd August, 1854.

Sir,-
I beg respectfully to request that your Excellency will
be pleased to accept the resignation of my seat in the Executive
Council.

I have the honour to be, &c.,
(Signed) HENRY SEWELL.

His Excellency the Officer Administering
the Government.
(True.copy.)
A. S. RICHMOND,
Acting Clerk of Executive Council-

No. 11.
Executive Council Office,
2nd August, 1854,

Sir,-
As I feel that my presence in the Executive Council can
no longer be of public service, I most respectfully beg to re-
sign my seat in that Council into your Excellency's hands,

I have the honour, &c.,
(Signed) FREDK. WELD,

His Excellency the Officer administering
the Government.
True copy.)
A. S. RICHMOND,
Acting Clerk of Executive Counci .

No. 12.
Auckland, 2nd August, 1854/
Sir,-With every feeling of respect, I have to request that