A.—7

6

Governor to assume the very serious responsibility of declining to act on the advice of his Ministers, and possibly of having in consequence to find other Advisers. Moreover, it must be remembered that these appointments, under the colonial law of 1891, will be for seven years only, and not for life as in the case of some other colonies possessing a nominated Upper House. 7. I have thus far dealt with the merits of the particular case on which my advice has been sought. But I think it right to add that a question of this kind, though in itself of purely local importance, presents also a constitutional aspect, which should be considered on broad principles of general application. When questions of a constitutional character are involved, it is especially, I conceive, the right of the Governor fully to discuss with his Ministers the desirability of any particular course that may be pressed upon him for his adoption. He should frankly state the objections, if any, which may occur to him; but if, after full discussion, Ministers determine to press upon him the advice which they have already tendered, the Governor should, as a general rule, and when Imperial interests are not affected, accept that advice, bearing in mind that the responsibility rests with the Ministers, who are answerable to the Legislature, and, in the last resort, to the country. 8. A Governor would, however, be justified in taking another course if he should be satisfied that the policy recommended to him is not only in his view erroneous in itself, but such as he has solid grounds for believing, from his local knowledge, would not be endorsed by the Legislature or by the constituencies. 9. In so extreme a case as this, he must be prepared to accept the grave responsibility of seeking other Advisers ; and, I need hardly add, very strong reasons wouid be necessary to justify so exceptional a course on the part of the Governor. I have, &c, EIPON. Governor the Eight Hon. the Earl of Glasgow, G.C.M.G., &c.

No. 5. (No. 57.) My Lord, — Government House, Auckland, 2nd December, ]892. I have the honour to inform you that I have made twelve appointments to the Legislative Council, in accordance with the advice of my Ministers, as set forth in the extract from the Supplement to the Neio Zealand Gazette which I have the honour to enclose. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.

Enclosure. Extract from the Supplement to the New Zealand Gazette of Thursday, 13th October, 1892. Members of the Legislative Council appointed. Colonial Secretary's Office, Wellington, 15th October, 1892. His Excellency the Governor has, in Her Majesty's name, summoned —William McCullough, Esq., of Auckland; William Jennings, Esq., of Auckland; Thomas Kelly, Esq., of New Plymouth ; the Hon. Edward Bichardson, C.M.G., of Wellington; John Eigg, Esq., of Wellington ; William Montgomery, Esq., of Christchurch ; John Edward Jenkinson, Esq., of Christchurch; William Campbell Walker, Esq., of Christchurch; James Kerr, Esq., of Greymouth; William Mouat Bolt, Esq., of Dunedin; John MacGregor, Esq., of Dunedin; and Henry Eeldwick, Esq., of Invercargill, to the Legislative Council of New Zealand, by writs of summons under the Seal of the Colony. P. A. Buckley.

No. 60. No. 6. My Loed, — 3rd December, 1892. I have the honour to acknowledge the receipt of your despatch (New Zealand, No. 47) dated 26th September last, which enters fully into your reasons for advising me to accede to the advice of my Ministers with regard to the Legislative Council appointments. 2. I beg your Lordship to believe that I fully appreciate the consideration which you have shown me in this matter. The incident is now closed, and it is