3

These Legislative Members of the Government, it is to be presumed, would lake office only on the conditions of holding their appointments so long as they should retain the confidence of the Legislature as regards the Crown, their appointments being made under the authority of the " Royal Instructions," would be provisional only, and subject to be confirmed or disallowed by the Crown. In the meantime, and during the continuance of the Session at least, it would probably (end to the public convenience that the present Secretary, AttorneyGeneral, and Treasurer should continue to hold their offices, and to transact the ordinary and current business of their respective Departments. In the absence of special authority from Her Majesty's Government, it is not, I think, within the power of the Officer administering the Government to take any measures for carrying into effect the resolutions of the House of Representatives further than to prepare the way for opening the principal offices of the Government to new men: and, in the meantime, and as a temporary measure, to add two or three members of the Assembly to the Executive Council, for the purpose of establishing a recognised and responsible medium of communication between tho Executive and the Legislative branches. The course thus suggested is not free from objection, and it would no doubt be attended with some difficulty and inconvenience : it proceeds, however, as far as, consistently with his powers and duties, and especially with his position as temporary administrator of the Government, he can, I think, prudently be advised to proceed. Looking to the views and expectations of the Members of the Legislature now assembled from all parts of the colony, there is no reasonable ground to believe that in the absence of any measure for securing the representation of the Executive in the Assembly, that the most ordinary and necessary business of the Government can be successfully conducted through the Chambers, seeing the strong tendency to Provincial independence. Believing that, if the General Government be not strengthened, the central authority will become virtually powerless: and that if the power of the General Government be not now increased the opportunity will be lost of limiting and defining the powers of the Provincial Executive. Seeing, too, that tho temper of the House is as yet moderate, and that there appears to be a disposition on the part of (he members to work cordially with the Government, if met in a conciliatory spirit; and believing that ill—reeling, if once aroused, would be followed for years by a mischievous and unprofitable agitation—l think (hat if the course above suggseted would secure the maintenance of harmonious relations between the Executive and the Legislative branches of the Government, His Exccllency would, under all the circumslances of the case, exercise a sound discretion in adopting it. WILLIAM SWAINSON. Attorney-General. June sth, 1854.