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already been spent on other works." A reference to the papers laid on the table of the Council will show that such has not been the case.

The Superintendent does but touch on those points, as a discussion in detail might be tedious. If the Council should desire to enter into it, he will make no objection.

The reply says that "the Council will give its earnest attention to the resolutions on the subject of obtaining the guarantee of the Colonial Government to such provincial loans as may be necessary to cover existing liabilities, and with this view would respectfully suggest that a considerable portion of the land revenue be set aside monthly as a security for the General Government." Papers laid before the Council show that the whole of the land revenue is to be retained by the General Government until its advances are repaid. The Superintendent is therefore unable to see how it is possible that the suggestion of the Council can be carried out; neither does he altogether apprehend the distinction which the Council draws between loans "to cover existing liabilities" and others to prosecute further works required. He thinks that in either case the possibility of their full realisation would depend on the opinion held on the credit of the province, or the colony, as the case might be.

Further on it says that the Council trusts that he "will see the necessity of at once appointing such a Council" (an Executive) "from members who possess the confidence and support of the Provincial Council." The Superintendent is entitled to assume that the explanations of the Provincial Treasurer and another member of the Council, have shown that he has already endeavoured to ascertain which members possess the confidence and support of the Provincial Council, with the view of appointing an Executive Council from those. The Superintendent trusts that the Council will take some early opportunity of indicating those members who would possess its confidence and support, as so far as he is aware it has not yet done so.

He is quite aware that the legislation of the Council in the matter of diseased cattle is barred by the Act of the Assembly, but he regrets that the Council should have thought it right to decline to aid him with its advice, when requested, in the administration of a matter which is of such serious consequence to the great mass of the rural settlers in the Province.

J. A. R. Menzies,
Superintendent.

Superintendent’s Office,
Southland, July 21, 1864.

Memoranda by His Honor the Superintendent and Mr. Pearson, with reference to the formation of an Executive Council.

By Mr. Pearson.—1st. That the Executive is to be responsible to the Provincial Council for the action of the Government on every point within the limits of provincial legislation.

2nd. That they must have the entire control in all matters which are purely Provincial, such having no reference to powers delegated to the Superintendent by the Governor; on which the gentlemen willing to act as an Executive Council, are of opinion that it is desirable that they should be consulted. They leave it optional with the Superintendent.

3rd. That in all such purely provincial matters as explained in clause 2, the Superintendent should consult his Executive, and act strictly in accordance with the opinion of the majority.—22nd July, 1864.

By the Superintendent.—That the administration of the affairs of the Province shall be conducted by the Superintendent, acting with the advice and consent of the Executive Council in all matters which are under the control of the Provincial Council, and also in matters which are beyond the control of the Provincial Council, where such a course is prescribed by the authority conferring the power of administration.—23rd July.

By Mr. Pearson.—1st. The Executive to have the entire control in all matters relating to the expenditure of moneys, and otherwise relating to finance.

2nd. To call for all tenders, and decide on their acceptance, or otherwise.

3rd. To appoint and dismiss all servants of the Government.

4th. To see all correspondence prior to its being answered, and decide upon the terms of reply.

5th. To have the entire control of carrying into effect any financial scheme which may be resolved upon, and have generally, all the powers stated in the memorandum first submitted.—23rd July.

By the Superintendent.—The entire control of the Provincial Government.