A.—7a,

48

there is good reason to believe that on Friday next an amendment to the Address will be moved, with every probability of its being carried. I think that it would betray pusillanimity on our part were we to evade the issue which will then be raised by retiring from office on the avowed ground of His Excellency's refusal to act in a particular instance on our advice. Nothing has occurred between His Excellency and the present Cabinet during the fifteen months that we have been in power that can fairly call upon us to place on record our opinion of the transactions to which you refer. My other colleagues and myself, equally with you, concur in the principle which has led to your resignation, if we are right in understanding that principle to be a determination to withdraw from office on the refusal of the Governor to act upon our advice in any matter which we may think it our duty seriously to insist on ; but, as already stated, we differ from you entirely as to the time and occasion which you have selected for the application of that principle ; neither can we join with you in expressing the opinion, as you have done, that His Excellency has betrayed partiality towards our predecessors as compared with ourselves. There were may things done by His Excellency at the instance of the late Administration which we could not approve, and, as the like could never by any possibility have been recommended by us, such things can hardly form legitimate topics for comparison or contrast. In my own personal intercourse with His Excellency I have at all times found a courteous readiness on his part to act in accordance with constitutional principle, and I do not remember any instance other than that which has led to your resignation in which he has declined to act on any recommendation of the Cabinet. While regretting his refusal, I, at the same time, think that it was unwise of you to avail yourself of this misunderstanding to withdraw at so peculiar a crisis as the present. I am aware that you care as little for the censure of the Assembly as I do, so long as we are both conscious that we have done nothing to deserve it; but, however we may disregard that censure, it is, I think, our duty manfully to meet it. My colleagues, as well as myself, are all perfectly satisfied that in what you have done you have not been actuated by any desire to throw impediments in our way, but solely by a determination to vindicate your position as a Eesponsible Adviser of the Crown. Although our views on this matter differ from yours, we know that our conduct in continuing in office will not be attributed by you to any motive other than that which I have already expressed. It is His Excellency's wish that you should retain your present office until your successor is appointed. Yours very faithfully, Jambs Martin.

Minute Papee for the Executive Council

Colonial Secretary's Office, Sydney, 6th July, 1865. I recommend that Elias Carpenter Weekes, Esquire, be appointed a member of the Legislative Council. Charles Cowpeb.

Minute Papeb for the Executive Council.

Crown Law Offices, Sydney, 23rd May, 1866. I recommend that the under-mentioned gentlemen be appointed members of the Legislative Council, viz. : James Macarthur, Esquire, of Camden Park, Camden; Edward Cox, Esquire, of Fernhill, Mulgoa ; and Hugh Wallace, Esquire, of Nithsdale. James Mabtin, A.G.

Minute Paper for the Executive Council.

Crown Law Offices, Sydney, 28th February, 1867. I recommend that Patrick Alfred Jennings, Esquire, of Warbreccan, Deniliquin, be appointed a member of the honourable Legislative Council of New South Wales. James Mabtin.

Minute Paper for the Executive Council

Colonial Secretary's Office, Sydney, 13th June, 1867. I recommend that John Hay, Esquire, of Woollahra North, be appointed a member of the Legislative Council of New South Wales. Henry Paekes.

Minute Paper for the Executive Council

Colonial Secretary's Office, Sydney, Ist July, 1867. I eecommend that William Busby, of Cassilis, Esquire, be appointed a member of the Legislative Council. Henry Parkes.

Minute of the Attorney-General.

Prepare minute for next meeting of the Executive Council, recommending the appointment to the Legislative Council of the following gentleman, viz. : Alexander Park, Esquire, of Lewinsbrook, Paterson ; Henry Moore, Esquire, of Barncleuth, Sydney ; Thomas Holt, Esquire, of The Warren, Cook's Eiver ; Frederick Matthew Darley, Esquire, of Woollahra; and John Eichardson, Esquire, of The Grange, Bourke Street, Sydney.— J. M., A.G., 25th September, 1868.

Minute Paper for the Executive Council,

Crown Law Offices, Sydney, 28th September, 1868. I recommend the appointment of the under-mentioned gentlemen as members of the Legislative Council, viz. : Frederick Matthew Darley, of the Edgecliff Eoad, Woollahra ; Thomas Holt, of The Warren, Cook's Eiver; Henry Moore, of Barncleuth, Sydney; Alexander Park, of Lewinsbrook, Paterson; and John Eichardson, of Bourke Street, Surry Hills. James Martin.