advice and consent,' the Superintendent
fully concurs with the views expressed
in the foregoing resolution.

"The second resolution states that, from
evidence adduced, the Council has been
led to assume that in the appointment of
the Engineer of Roads and Bridges the
provisions of the Provincial Government
Ordinance have not been adhered to, in
so far as consulting the Executive Council
is concerned, and requests an explanation
of the matter. The Superintendent must
express his regret that the Council did
not ask for such explanation before it assumed that it was in possession of full
information; and he will now shortly
state the leading circumstances connected
with the manner in which this appointment was made, in so far as he has a direct knowledge of them.

"The application of Mr. Dundas for the
office of Engineer of Roads, &c., was received on the 28th October. It enclosed
his testimonials, and the Superintendent
seeing that these were unexceptionable,
without consulting the Executive, promised to him the appointment, and requested him to come to Invercargill without delay.

"This promise, so given, was unquestionably contrary to the provisions of the
Provincial Government Ordinance.

The action of the Superintendent in
this matter, contrary to the Ordinance,
terminated there. The Executive Council, Messrs. Stuart and Chalmers (Mr. Cowan being absent), in a long discussion which took place on the subject, expressed its serious disapprobation of the appointment. Ultimately it was acquiesced in, and subsequently it was agreed, that unless Mr. Dundas should appear within a reasonable time, an Engineer should be advertised for. The following extract from the minutes of the Executive Council, is a record on the subject:—‘4th November, 1863.—On discussing the question of appointment of Engineer of Roads and Bridges, after some discussion it was intimated to the Executive present by his Honor that he had already promised the appointment to Mr. J. Dundas, this without taking the opinion of the Executive previously. It was agreed that in case Mr. Dundas did not make his appearance within a short time, that the situation be advertised as open for application.’ On the morning on which the Superintendent left town to go to Auckland, he went to his office for a short time, and then placed in the hands of Mr. Chalmers the appointment of Mr. Dundas; that appointment was only a contingent one, and therefore was not entered on the letter-book. It was intended to take effect in case Mr. Dundas should appear at the office before the Deputy-Superintendent and Executive advertised for an Engineer. The Superintendent does not pretend to recollect all the circumstances that took place at that interview, occurring as it did in the bustle of departure. No doubt ever crossed his mind that he had explained these intentions to Mr. Chalmers when giving him the note, until after his return from Auckland, when Mr. Chalmers stated to him that such was not the case; but, whatever may have been said or left unsaid at that interview, the Superintendent knows that Mr. Chalmers was aware of the purport of the document. Over the circumstances that happened in his absence, the Superintendent had no control. His knowledge of most of them is only from hearsay, and therefore he need say nothing about those. On his return from Auckland, he found Mr. Stuart’s letter, dated November 26th, which briefly intimated that he resigned his seat in the Executive; he also found a note which accompanied it, and which was addressed officially to the Deputy-Superintendent, the following extract from which may interest the Council:—‘My reason for this step is your having filled up the appointment of Road Engineer without the previous advice and consent of your Executive.’

"The following extract from the minutes of the Executive Council explains his reason more fully:—

"December 1st.

"The Deputy-Superintendent intimated
that Mr. W. Stuart had resigned his seat
in the Executive, on the ground that he
had not been consulted upon the appointment of Mr. J. Dundas, it having been
clearly understood that that gentleman,
not having come forward sufficiently
early, would only rank in taking his
chance of the appointment with other
applicants, applying through Gillies and
Street, who had been requested to advertise for the situation."

"The Superintendent observes that in
another part of this resolution the Council
fully recognises his freedom of action
in the exercise of powers conferred by a
superior legislature,’ the principle for
which he has all along contended; and if
his views expressed in the resolution,
it probably arises from his desire to construe the meaning and intent of the law.