A.—l

8

With these remarks, I now beg to leave that branch of the subject for your Lordship's consideration. With reference to my reasons for not accepting the advice of Ministers, your Lordship will be already aware that only two days had elapsed after my arrival in the colony when the Premier waited on me and tendered the advice my refusal to accept of which has given rise to this despatch. When I asked for delay, that I might make myself acquainted with the subject, Mr. Ballance explained that, to enable his supporters to settle down to their work in Parliament, it was absolutely necessary that this question should be settled and the appointments made before Parliament met (which event occurred on the 23rd of June). Whatever may be your Lordship's opinion of the course I have pursued, you will not fail to observe that my position was one of considerable difficulty. The same advice that was tendered to me had been offered to my predecessor, who, with his three years' experience of the colony, had not been able to accept it. His secret memorandum on this subject lay before me. I had not had time to examine the matter for myself. I was confronted with a reason for immediate decision as to the value of which I had not had time to decide. The difference between the number declined by Ministers and the number they would accept was so small that I could not think the reasons given were sufficient to account for their action, and they appeared to be so incommensurate with the gravity of the step they took in creating a difference with the Governor that I felt convinced that much more cogent reasons should be given than I had yet heard before I should be justified in accepting the advice tendered by Ministers. For any further information on the subject I would refer your Lordship to the communications which have passed between myself and the Ministers, dated the 27th July and the 2nd, 4th, sth, Bth, and 9th August, and also to the other papers which are mentioned in the accompanying schedule. Before closing this despatch I would beg to remark that this unfortunate difference between myself and the Ministers could not have occurred were the appointments to the Legislative Council made on a fixed principle. If the Act for amending the mode of appointing Legislative Councillors were further amended in the following direction the system would, except in an emergency, be self-adjusting: I would enact that the strength of the Council should bear a fixed proportion to that of the House of Eepresentatives; that it should be increased or decreased pari passu with the other Chamber as occasion may require; vacancies be filled up within three months of their occurrence by the Governor, on the advice of Ministers; that a clause be inserted giving the Governor the power to appoint, on the advice of Ministers, on an emergency, such a number of new Councillors as would bring the Council into harmony with the country. Some such enactment as this would effectually prevent any future differences. Since this paragraph was written I have ascertained that in the year 1887 the late Sir Frederick Whitaker obtained a Committee of the Legislative Council to consider and report as to the best plan of reducing the numbers of the Council to one-half of the number of the members of the House. He had previously moved to that effect, and also that the same proportion should thereafter be maintained. The Committee reported in favour of the proposal, but no further action was taken. From this it is clear that the Council in 1887 affirmed the general principles which I have ventured to suggest. If there is anything in the manner in which I have brought this question under your Lordship's notice not entirely consonant with the usual practice, I beg you will attribute it to the unusual circumstances in which I have been placed so soon after my arrival in the colony. I now leave the matter in your Lordship's hands, in the most perfect confidence that you will do me the justice to believe that I have been actuated solely by a desire to do what is best for the interests of the great and important colony in which it is my privilege and pride to have been placed. I have, &c, The Eight Hon. Lord Knutsford, &c. GLASGOW.